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, Termination of Parental Rights (State) - Birth Parents
Indigent parents have a right to counsel in a non-consensual guardianship action brought by the state to terminate parental rights. Md. Code Ann. Fam. Law § 5-323(b); Md. Code Ann., Crim. Proc. § 16-204(b)(1)(vi). See also Md. Code Ann., Fam. Law § 5-1405 (where state seeks to terminate parental rights due to nonconsensual sexual conduct that resulted in child, parent is entitled to appointed counsel if indigent).
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
