Vermont Supreme Court affirms right to counsel in contempt proceedings
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).
11/01/2018, Litigation, Incarceration for Fees/Fines (incomplete)
A few pre-Turner v. Rogers cases in Vermont recognized a federal constitutional right to counsel in civil contempt proceedings: Choiniere v. Brooks, 163 Vt. 625, 626 (1995) and Russell v. Armitage, 166 Vt. 392, 397 (1997). Russell involved a contempt proceeding initiated by the State, but did not specifically rely on that fact, and in fact relied on a series of federal cases like Gault and Argersinger v. Hamelin. These cases seemed to be on questionable ground after Turner.
However, in In re McCoy-Jacien, 2018 VT 116 (2018), the court stated in the context of a civil contempt proceeding (one involving a suspended attorney who failed to cooperate in an effort to protect her clients’ interests) that “Respondent has a right to represented by an attorney at this hearing and if she cannot afford an attorney, she has the right to request that an attorney be appointed for her by this Court”, and cited to Russell. This suggests that Russell may have state constitutional underpinnings, or more likely that the presence of the State in Russell put the case outside of Turner.
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: no