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, Sexually Dangerous Persons - Registration/Notification
In Doe v. Poritz, 662 A.2d 367 (N.J. 1995), the Supreme Court of New Jersey held that prior to notifying the community about a registered sex offender and determining the offender's tier for registration, the offender is entitled to a hearing and must be appointed counsel if indigent. The court relied on the privacy and reputational interests at stake to hold that procedural due process required the protections of a hearing and 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
no
