Discretionary appointment of 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).
07/14/2021,
Legislation, Truancy - Petition Against Child
In Missouri, truancy is treated as a "child in need of care or treatment" matter, pursuant to Mo. Stat. 211.031(2)(a).
Previously, childen had the right to counsel regardless of indigence in such proceedings under Mo. Stat. 211.211(3), but the statute was amended in 2021 by SB 53 and 60 to make appointment discretionary.
The provision now reads, "When a petition has been filed under subdivision (2) or (3) of subsection 1 of section 211.031, the court may appoint counsel for the child..." (emphasis added).
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.
discretionary
no
