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, Sterilization
Kansas provides the right to counsel for some but not all sterilization proceedings. Kan. Stat. Ann. § 59-3075(e)(5) provides that a guardian may not consent to sterilization “unless approved by the court following a due process hearing held for the purposes of determining whether to approve such, and during which hearing the ward is represented by an attorney appointed by the court.” But for minors, Kan. Stat. Ann. § 38-2272(d)(4) provides that a court may impose limits on an appointed permanent custodian of a child to consent to sterilization, suggesting that the power exists and can be exercised where authorized without appointment of 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