Right to counsel - student making terroristic threat
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).
06/02/2018, Legislation, Other subject area
La. R.S. § 17:409.1 et seq, enacted in 2018, governs situations where students make terroristic threats. It requires the school to investigate any threat or potential threat reported to the school, and if the threat is credible and imminent, the school must report it to law enforcement. The student is then not permitted to return to school until undergoing a medical, psychological, and psychiatric evaluation. When law enforcement files a petition in court for such evaluation, the court must determine if probable cause exists to believe that the student is a danger to herself or others, and if so, schedule a hearing. In turn, § 17:409.5(A)(2)(b)(i) specifies that the student has the right to appointed counsel at such a hearing “if indigent or otherwise qualified”.
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.
Appointment of Counsel: categorical Qualified: yes