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, Bypass of Parental Input into Abortion - Minor
In cases where a minor seeks judicial waiver of the parental notification and consent requirements for an abortion, the court "shall appoint an attorney to represent the minor" if the minor has not retained an attorney, and also must appoint a guardian ad litem. Tex. Fam. Code Ann. § 33.003(e). A 2015 amendment to § 33.003(e) prohibits the judge from appointing the same attorney to serve as both GAL and child’s 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
