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).
Legislation, Guardianship/Conservatorship of Children - Child (incomplete)
N.D. Cent. Code § 27-20.1-09 states: “If, at any time in the [guardianship] proceeding, the court determines the child is of sufficient age and competency to assist counsel and the interests of the child are or may be inadequately represented, the court may appoint an attorney to represent the child.” A similar provision provision for review/termination proceedings is found in N.D. Cent Code § 27-20.1-16(6), but without the "sufficient age and competency" requirement.
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
yes
