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, Guardianship/Conservatorship of Adults - Protected Person
For establishment of a guardianship, "The court shall appoint a lawyer to represent the respondent in the proceeding if: (a) Requested by the respondent; (b) Recommended by the visitor; or (c) The court determines that the respondent needs representation." Colo. Rev. Stat. § 15-14-305(2). Since Colo. Stat. § 15-14-318(3) requires the court to use the same procedures for termination as estabilshment, the ward likely has a right to appointed counsel. See also Colo Stat. § 15-14-319 (right to counsel at expense of ward’s estate for post-conservatorship proceedings, unless ward lacks capacity to provide informed consent to representation).
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