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, Sexually Dangerous Persons - Commitment
Tex. Health & Safety Code § 841.005 states that in cases involving the commitment of sexually violent persons, "the Office of State Counsel for Offenders shall represent an indigent person subject to a civil commitment proceeding under this chapter. If for any reason the Office of State Counsel for Offenders is unable to represent an indigent person …at a civil commitment proceeding under this chapter, the court shall appoint other counsel to represent the indigent person."
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
