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, Termination of Parental Rights (Private) - Children
Children in adoptions typically are not provided counsel; the Idaho Supreme Court has said, “there is no provision for appointment of counsel to represent a child in adoption proceedings that were not consolidated with proceedings to terminate the parental rights of the child's parents.” In re John Doe I, 367 P.3d 136 (Idaho 2016).
Where such consolidation occurs, the right to counsel would be pursuant to Idaho Code Ann. § 16-1614, in which case counsel for the child would be paid for by the "office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs." Id. at (3).
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
yes