Right to counsel

Key_development Question_mark

Legislation, Truancy - Petition Against Child

In Arizona, habitual truancy is treated as an incorrigibility matter, as per Ariz. Rev. Stat. § 15-803(B).  In turn, Ariz. Stat. § 8-221(A) specifies that indigent children have a right to appointed counsel in such proceedings, while Ariz. Stat. § 8-221(B) specifies that the court must appoint counsel for the child regardless of indigence if the child is facing institutionalization.  See also Lana A. V. Woodburn, 116 P.3d 1222, 1225-26 (Ariz. Ct. App. 2005) (interpreting Ariz. Stat. 8-221(A), which states that juvenile defendant has right to counsel in proceedings “that may result in detention”, and finding it applies to incorrigibility proceeding).

Appointment of Counsel: categorical Qualified: no