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).
Court Rule or Initiative, Termination of Parental Rights (Private) - Children
Tenn. Sup. Ct. Rule 13 Section (d)(2)(D) provides that for proceedings to terminate parental rights, “The court shall appoint a guardian ad litem for the child, unless the termination is uncontested. The child who is or may be the subject of proceedings to terminate parental rights shall not be required to request appointment of counsel.” Tenn. Sup. Ct. Rule 40A Section 1(c), which sets forth guidelines for guardians ad litem in contested adoptions, specifies that a guardian ad litem must be a licensed attorney.
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
