Discretionary appointment of 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 (State) - Children
While Ark. Stat. § 9-27-316(f)(1) requires appointment of an attorney-GAL when an abuse/neglect petition is filed, it makes no mention of appointment in termination of parental rights matters (unlike sections relating to the parents' right to counsel. See Ark. Stat. § 9-27-316[h][1][D]). But subsection (f)(2) states, "The court may appoint an attorney ad litem to represent the best interest of a juvenile involved in any case before the court and shall consider the juvenile's best interest in determining whether to appoint an attorney ad litem."
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
yes
