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, Truancy - Petition Against Child
Truancy is treated as a “family in need of services” matter, as per Ark. Code § 9-27-303(24). Children in truancy proceedings have the right to appointed counsel regardless of indigence per Ark. Code § 9-27-316(c), but fees and expenses for the representation may be assessed against the child and their family if the court finds that they have the ability to pay. Ark. Code § 9-27-316(b)(1)-(2).
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
