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).
Litigation, Incarceration for Fees/Fines (incomplete)
In Dube v. Lopes, 481 A.2d 1293, 1294 (Conn. Super. Ct. 1984) considered the Fourteenth Amendment right to counsel in state-initiated child support contempt proceedings established in Lake. v. Speziale, 580 F.Supp. 1318 (D. Conn. 1984), and extended it to contempt proceedings initiated by a private individual, as opposed to just those initiated by the state. The court reasoned that "[t]he result is the same and that is incarceration for failure to comply with a court order of support. Surely, the requisite state action which is necessary to trigger the due process clauses is present when a person is deprived of his physical liberty by the court."
Then, in Emerick v. Emerick, 613 A.2d 1351, 1353 (Conn. App. 1992), a case involving child support, an appellate court cited to various federal appellate cases in addition to Lake v. Speziale to hold that "[t]he due process clause of the fourteenth amendment to the United States constitution guarantees the right to appointed counsel to any indigent civil contemnor who might be incarcerated," reasoning, "[t]his right to counsel is merely a logical extension of the right to counsel in criminal cases in which an accused is incarcerated." The court also held that the "trial court has an obligation to inform the potential contemnor of his right to appointed counsel to ensure that any waiver of the right to counsel is intelligent and competent."
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: yes