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, Custody Disputes - Children
A court may appoint counsel for a child in a custody or visitation dispute in which the child is alleged to be neglected, abused, delinquent, or in need of supervision, or if the parent requests it, provided the court determines that such appointment is in the best interest of the child. S.D. Codified Laws §§ 25-4-45.4, 26-7A-52. The court must allocate the cost of an appointed attorney between the parents or guardians of the child. S.D. Codified Laws § 25-4- 45.4.
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