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, Termination of Parental Rights (Private) - Birth Parents
Termination proceedings also give rise to a right to counsel. See NMSA 1978, § 32A-5-16(E) (requiring that in proceedings to terminate parental rights in connection with adoption, "[t]he court shall, upon request, appoint counsel for an indigent parent who is unable to obtain counsel or if, in the court's discretion, appointment of counsel for an indigent parent is required in the interest of justice. Payment for the appointed counsel shall be made by the petitioner pursuant to the rate determined by the supreme court of New Mexico for court-appointed attorneys.").
Section 32A-5-16(E) has been interpreted by New Mexico courts to apply to adoptions involving a non-consenting birth parent. See, e.g., Coyne v. Olson, No. 30,889, 2012 WL 2326042, at *1 (N.M. Ct. App. May 14, 2012) (unpublished) (citing Section 32A-5-16(E) for “providing a parent opposing termination or adoption with the right to counsel”); In re Homer F., 146 N.M. 845, 851; 215 P.3d 783, 789 (interpreting Section 32A-5-16(E) in the context of a father contesting an adoption proceeding initiated by the child’’s grandparents).
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.
Appointment of Counsel: categorical Qualified: no