Discretionary appointment of counsel

Key_development Question_mark

Litigation, Custody Disputes - Children

The Arizona Supreme Court found that as a matter of due process (it did not specify whether it meant under the state or federal constitution), an independent attorney should have been appointed for the children in a case involving temporary custody and dependency. See In re Appeal in Yavapai Cty. Juvenile Action No. J-8545, 680 P.2d 146 (Ariz. 1984).  However, the court added that "due process does not require independent counsel for children in each and every case in which they are involved. We hold today that the trial court shall appoint independent counsel, upon request of an interested party or sua sponte, where such counsel would contribute to promoting the child's best interest by serving an identifiable purpose such as advocating the child's position in the dispute or ensuring that the record be as complete and accurate as possible, or it shall state why such appointment is unnecessary."

Appointment of Counsel: discretionary Qualified: no