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
When sterilization of a ward of the state is sought, the ward has a right to appointed counsel upon request, if the ward objects to sterilization, or if the ward takes a position contrary to that of the court-appointed guardian ad litem. 755 Ill. Comp. Stat. 5/11a-17.1(d). The statute adds that the court also has discretion to appoint even without a request by the ward if "the court finds that the interests of the ward will be best served." The court must inform the ward of this right to obtain appointed counsel, and may allow the counsel reasonable compensation.
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