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, Abuse/Neglect/Dependency - Accused Parents
Colo. Rev. Stat. § 19-3-202(1) provides that for dependency/neglect proceedings, “At the first appearance of a respondent parent, guardian, or legal custodian, the court shall fully advise the respondentsuch party of his or her legal rights, including the right to a jury trial, the right to be represented by counsel at every stage of the proceedings, and the right to seek the appointment of counsel through the office of respondent parents’ counsel, if the party is unable financially to secure counsel on his or her own.”
See also People ex rel. Z.P., 167 P.3d 211, 213 (Colo. Ct. App. 2007) (“An indigent parent has a statutory right to court-appointed counsel in a dependency and neglect proceeding.”).
In In re J.B, 702 P.2d 753 (Colo. Ct. App. 1985), the court stated that because "[p]roceedings in dependency or neglect affect important rights . . . there must be substantial compliance with statutory requirements for the conduct of those proceedings." The court then found that the Legislature's use of the term "shall" indicated that, under the statutes at issue, the provision of counsel was mandatory upon the parent's request, and that the court's failure to provide counsel for a portion of the review proceedings in the instant case did not "constitute substantial compliance" with the statute.
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: no