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, Custody Disputes - Children
In private custody proceedings connected to divorce/separation, the court has the power to appoint counsel for a minor in matters related to the development of the parenting plan, or generally for any matter related to custody, support, or visitation. Wash. Rev. Code § 26.09.110; Wash. Rev. Code § 26.10.070.
On April 13, 2023, Washington enacted HB 1088 which authorizes the arbitrator of a family law case to "[a]ppoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties[,]" effective January 1, 2024. Wash. Rev. Code. § 26.61.13(k).
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.
discretionary
no
