New NY law requires appointment of counsel for minors seeking to marry
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).
06/20/2017,
Legislation, Other subject area
A bill passed in 2017 amended NY CLS Dom Rel § 15 to raise the legal age for marriage from sixteen to seventeen, and added § 15(3)(b), which specifies that where approval for marriage is sought by a seventeen year old, “The justice of the supreme court or the judge of the family court shall appoint an attorney for the child for each minor party immediately upon the application for approval. The attorney for the child must have received training in domestic violence including a component on forced marriage.”
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
