Deal v. Miller
321 Ga. App. 220
Ga. Ct. App.2013Background
- State appeals trial court’s order certifying a class of indigent parents alleging denial of government-funded counsel in civil contempt proceedings where DHS was represented by state-funded counsel.
- Named plaintiffs were civilly held in contempt for nonpayment of child support and were incarcerated after hearings with no appointed counsel.
- They filed a class-certification complaint seeking declaratory and injunctive relief but did not appeal contempt rulings or raise the right to counsel below.
- Approximately eight months after filing, four named plaintiffs sent letters requesting counsel for future proceedings; no evidence shows any denial.
- Court held lack of common injury and individualized inquiries doom class certification, and reversed the trial court’s certification under OCGA § 9-11-23.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether commonality and typicality support class certification | Named plaintiffs claim universal denial of counsel created common injury | State argues plaintiffs did not show same injury or adequate class representation | No; commonality and typicality not satisfied; reverse |
| Whether any common injury supports injunctive/declaratory relief under 9-11-23(b)(2) | Plaintiffs rely on a general policy of denying counsel | Record shows no policy and no pre-hearing requests denied | Not warranted; injunctive/declaratory relief reversed |
| Whether Turner v. Rogers and Adkins v. Adkins affect entitlement to counsel as class injury | Right to counsel exists for indigent civil defendants | Turner/Adkins negate per se right to counsel in civil contempt | Turner confirms no per se right to counsel; no duty to inquire created; harms not common |
| Whether the named plaintiffs demonstrated the injury to support typicality and adequacy | Named plaintiffs were injured by denial of counsel | They did not request or appeal counsel; injury not shown | Not shown; typicality/adequacy fail; reverse |
| Whether the court erred in concluding the plaintiffs met commonality/typicality and b(2) requirements | Classification would remedy through broad relief | No common injury or policy evidence | Yes; certification reversed |
Key Cases Cited
- Rite Aid of Ga. v. Peacock, 315 Ga. App. 573 (Ga. App. 2012) (limits on certification where class members show varying responses to alleged wrongful acts)
- Turner v. Rogers, 131 S. Ct. 2507 (U.S. Supreme Court 2011) (no Sixth Amendment right to counsel in civil cases where incarceration threatened)
- Adkins v. Adkins, 242 Ga. 248 (Ga. 1978) (trial courts have no duty to inquire into right to appointed counsel in civil proceedings)
- Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (U.S. Supreme Court 2011) (commonality requires shared injury; representative must be part of class)
- In re Scientific-Atlanta, Inc. Securities Litigation, 571 F.Supp.2d 1315 (N.D. Ga. 2007) (discretion in class certification requires rigorous analysis; overlap with merits)