This Note will proceed in three parts. Part I will explain the drug court model by detailing the key components of drug courts in general and by providing an outline of the three predominant drug court models. Additionally, this Part will provide an overview of the right to counsel in traditional criminal proceedings, including probation revocation hearings. Part II will contemplate why the non-traditional stages of a drug court proceeding may constitutionally require counsel and why the defense attorney’s role within the context of drug court is problematic. Using the standards that govern traditional criminal proceedings, Part III will argue that the Sixth Amendment right to counsel should attach during all stages of the proceeding including staffings, status hearings, and hearings regarding termination from drug court. Additionally, this Part proposes that the Sixth Amendment right to effective assistance of counsel through zealous and effective advocacy is also constitutionally required during all drug court proceedings.
Cardozo Law Review de·novo
Kirschenheiter, Sarah, "Zealous and Effective Advocacy: An Assessment of the Constitutional Right to Counsel Within a Drug Court Proceeding" (2017). Cardozo Law Review de•novo. 50.