Discretionary appointment of counsel for child witnesses
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).
03/23/2023,
Legislation, Other subject area
In 2023, the Virginia legislature enacted SB 1033, which amends the civil procedure code to allow the court to appoint an attorney as guardian ad litem on behalf of a minor who is called as a witness if "the circumstances so require." Va. Code Ann. § 8.01-396.2(A). The law is effective as of July 1, 2023.
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.
discretionary
yes
