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, Sexually Dangerous Persons - Commitment
Section 632.492 provides a right to appointed counsel for indigent defendants in trials to determine whether someone is a sexually violent predator.
At the probable cause hearing that justifies initial detention prior to such trial, the individual has the right "to be represented by counsel," § 632.489(3)(1), but given that there is no mention of appointment of counsel as there is for § 632.492, the probable cause hearing right to counsel is probably only the right to be represented by retained counsel.
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