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, Civil Commitment
A public defender shall represent an indigent individual in "any other proceeding" where "confinement under a judicial commitment . . . in a public or private institution may result." Md. Code Crim. Proc. § 16-204(b)(1)(iv).
In Johnson v. Solomon, 484 F. Supp. 278 (D. Md. 1979), a federal court, relying in part on Maryland's Juvenile Causes Act (Md. Code Ann., Cts. & Jud. Proc., § 3-813 (formerly § 3- 821)) and Maryland Rule 11-106 (formerly Rule 906) established the right to counsel for youth in juvenile mental health commitment hearings, as well as in mandatory six-month reviews for individuals confined to a mental hospital.
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
