Right to counsel
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Legislation, Sterilization
Patients have a right to counsel at any proceeding relating to subjecting a patient to sterilization. N. J. Stat. Ann. § 30:4-24.2(d)(2). The statute adds that if a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing, and the appointed attorney shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the patient was admitted.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no