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).
04/21/2022,
Legislation, Other subject area
Pursuant to Md. Fam. Law Code § 5–2A–01(A), "[a] minor who is 17 years old may file a petition in the minor's own name for authorization to marry." After the petition is filed, the court shall "appoint a lawyer with family law experience to represent the petitioner." Md. Fam. Law Code § 5-2A-02
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
