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, Abuse/Neglect/Dependency - Accused Parents
Indigent parents have a right to counsel "Whenever the department or a licensed child placement agency is a party to child custody proceedings", and they must be informed of this right. M.G.L. ch. 119, § 29. Such hearings include proceedings in which a court is appointing a guardian for a minor. See M.G.L. ch. 119, § 29 (pointing to M.G.L. ch. 190B, §§ 5-201, 5-204 and 5-206).
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
