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).
Litigation, Guardianship/Conservatorship of Adults - Protected Person
In Guardianship of Zaltman, 843 N.E.2d 663 (Mass. App. 2006), the Massachusetts Court of Appeals held that where a ward seeks to remove the guardian and wants to retain counsel for the purpose, the court has to evaluate whether the ward is capable of retaining counsel, and if not, the court must appoint counsel.
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
