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).
Court Rule or Initiative, Custody Disputes - Children
In private custody proceedings, Tenn. Sup. Ct. Rule 40A(3)(a) provides that “the court may appoint a guardian ad litem when the court finds that the child's best interests are not adequately protected by the parties and that separate representation of the child's best interests is necessary. Such an appointment may be made at any stage of the proceeding.” Section 40A(1)(c) defines “guardian ad litem” as “a licensed attorney appointed by the court to represent the best interests of a child or children in a custody proceeding.”
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
