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, Adult Protective Proceedings - Protected Person (incomplete)
Mentally ill and/or physically impaired adults seeking temporary protection from abuse and neglect are entitled to legal representation, and "the court shall assign counsel to assist the respondent." N.Y. Soc. Serv. Law §473-a(5)(b)(iv). New York state law provides that residents of mental health facilities are entitled to "initiate and take any legal action deemed necessary to safeguard the right of any patient or resident to protection from abuse or mistreatment." N.Y. Mental Hyg. Law § 47.03(e).
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
