Discretionary appointment of 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, Guardianship/Conservatorship of Adults - Ward
Montana's Public Defender Act authorizes the court to appoint a public defender for a person who is the subject of a petition to appoint a legal guardian or conservator, regardless of the person's financial need, subject to "the provisions of the Uniform Probate Code in Title 72, chapter 5." Mont. Code Ann. §§ 47–1–104(4)(b)(vii). In turn, Mont. Code Ann. § 72-5-315 states that appointment of counsel should occur only where the court determines such appointment is necessary "in the interest of justice." Otherwise, the statute provides that the person "may have counsel of the person's own choice," which implies privately retained counsel, rather than counsel paid for by the state. Mont. Code Ann. § 72-5-325 states that the same procedures for establishment of guardianship are used for termination of guardianship, so the same discretionary appointment of counsel provisions apply as well. A public defender may be appointed for litigants on appeal as well. Mont. Code Ann. § 47–1–104(4)(c).
Additionally, the public defender statute authorizes appointment of a public defender for a ward, regardless of financial need, when the ward's guardian has filed a petition to require medical treatment for a mental disorder of the ward, as provided in § 72-5-322. Mont. Code Ann. §§ 47–1–104(4)(b)(viii). Mont. Code Ann. § 72-5-322 in turn provides that "[t]he ward is entitled to the assignment of counsel, in accordance with the provisions of the Montana Public Defender Act, Title 47, chapter 1"). A public defender may be appointed for litigants on appeal as well.
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: discretionary Qualified: no