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) - Children
In both voluntary and involuntary termination of parental rights proceedings, the court must appoint a guardian ad litem for any child who is the subject of a contested adoption proceeding. Wis. Stat. § 48.235(1)(c). However, “[i]f the guardian ad litem determines that the best interests of the [child] are substantially inconsistent with the wishes of that [child], the guardian ad litem shall so inform the court and the court may appoint counsel to represent that [child].” Wis. Stat. § 48.235(3).
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
yes
