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, Truancy - Petition Against Child
Delaware treats truancy as a status offense, pursuant to 14 Del. C. § 2730. Upon filing of a truancy matter in court, there is no right to appointed counsel for the child in a hearing on whether to impose a valid court order (VCO). 14 Del. C. § 2728. But if the child is subsequently held in contempt for a violation of the VCO (which is treated as criminal contempt), there is a right to counsel as 14 Del. C. § 2731(d) (for all violation proceedings) and 28 C.F.R. 31.303(f)(3)(v)(D) (if incarceration is sought).
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
