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
Delaware treats truancy as a status offense, pursuant to Del. Code tit. 14, § 2730. Upon the filing of a truancy matter in court, there is no right to appointed counsel for the child in a hearing on whether to impose a valid court order (VCO). Del. Code tit. 14, § 2728. But if the child is subsequently held in contempt for a violation of the VCO (which is treated as criminal contempt), there is a right to counsel. See Del. Code tit. 14, § 2731(d) (for all violation proceedings) and 28 C.F.R. § 31.303(f)(3)(v)(D) (if incarceration is sought).
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