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, Child Support Enforcement (Civil Contempt)
In Black v. Div. of Child Support Enforcement, the Delaware Supreme Court said that in state-initiated contempt cases, a trial judge must first determine whether a defendant faces a possibility of incarceration; if the defendant does, then "due process requires counsel be appointed for the indigent obligor." The court added that it could appoint counsel even if there was no threat of incarceration:
If after weighing these factors a court determines that, as a matter of due process and fundamental fairness, the defendant should be represented, then counsel should be appointed even if a loss of physical liberty is not threatened. In balancing the Mathews factors6 against the Lassiter presumption, a court should be sensitive to protecting the due process rights of the indigent defendant. Should one side of the analysis not clearly outweigh the other, the court should err on the side of appointing counsel in order to further the due process right to fundamental fairness in judicial proceedings.
Because the court limited its holding to state-initiated contempt cases, its ruling is likely unaffected by the U.S. Supreme Court's holdlng in Turner v. Rogers.
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.
Appointment of Counsel: categorical Qualified: yes