M. L. B. v. S. L. J., 519 U.S. 102, 2 (1996)

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Cite as: 519 U. S. 102 (1996)

Syllabus

furter, J., concurring in judgment). The Griffin plurality drew support for its decision from the Due Process and Equal Protection Clauses, id., at 13, 18, while Justice Frankfurter emphasized and explained the decision's equal protection underpinning, id., at 23. Of prime relevance to the question presented by M. L. B., Griffin's principle has not been confined to cases in which imprisonment is at stake, but extends to appeals from convictions of petty offenses, involving conduct "quasi criminal" in nature. Mayer, 404 U. S., at 196, 197. In contrast, an indigent defendant's right to counsel at state expense does not extend to nonfelony trials if no term of imprisonment is actually imposed. Scott v. Illinois, 440 U. S. 367, 373-374. Pp. 110-113. (b) This Court has also recognized a narrow category of civil cases in which the State must provide access to its judicial processes without regard to a party's ability to pay court fees. See, e. g., Boddie v. Connecticut, 401 U. S. 371, 374 (divorce proceedings). Making clear, however, that a constitutional requirement to waive court fees in civil cases is the exception, not the general rule, the Court has refused to extend Griffin to the broad array of civil cases. See United States v. Kras, 409 U. S. 434, 445; Ortwein v. Schwab, 410 U. S. 656, 661 (per curiam). But the Court has consistently set apart from the mine run of civil cases those involving state controls or intrusions on family relationships. In that domain, to guard against undue official intrusion, the Court has examined closely and contextually the importance of the governmental interest advanced in defense of the intrusion. Pp. 113-116. (c) M. L. B.'s case, involving the State's authority to sever permanently a parent-child bond, demands the close consideration the Court has long required when a family association "of basic importance in our society" is at stake. Boddie, 401 U. S., at 376. The Court approaches M. L. B.'s petition mindful of the gravity of the sanction imposed on her and in light of two prior decisions most immediately in point: Lassiter v. Department of Social Servs. of Durham Cty., 452 U. S. 18 (appointment of counsel for indigent defendants in parental status termination proceedings is not routinely required by the Constitution, but should be determined on a case-by-case basis), and Santosky v. Kramer, 455 U. S. 745 ("clear and convincing" proof standard is constitutionally required in parental termination proceedings). Although both Lassiter and Santosky yielded divided opinions, the Court was unanimously of the view that "the interest of parents in their relationship with their children is sufficiently fundamental to come within the finite class of liberty interests protected by the Fourteenth Amendment," Santosky, 455 U. S., at 774 (Rehnquist, J., dissenting), and that "[f]ew consequences of judicial action are so grave as the severance of natural family ties," id., at 787. Pp. 116-119.

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