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
Wis. Stat. Ann. § 938.13(6) defines habitual truancy as a "child in need of protection or services" matter. In turn, Wis. Stat. § 938.23(1m)(b)(1) specifies that the court may appoint counsel in such matters, while Wis. Stat. § 938.23(1m)(b)(2) states that if the petition is contested, no child may be placed outside their home until counsel is appointed for the fact-finding and subsequent proceedings (if uncontested, the court may not place the juvenile outside his or her home unless the juvenile is represented by counsel at the hearing at which the placement is made. If the child is 12 or under, the court can appoint a guardian ad litem instead of counsel.
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