Appointment of counsel for temporary extreme risk protection order respondents
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, Other subject area
A law enforcement agency may petition for an "extreme risk protection order" against a respondent if it believes the respondent poses "a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving a firearm." RI ST § 8-8.3-3.
Upon the filing of such petition, the court may enter a temporary order if it finds probable cause that the respondent poses a significant danger, and a search warrant shall issue for the search of any firearms in the possession, custody, or control of the respondent. RI ST § 8-8.3-4. The temporary order must notify the respondent that they may "seek the advice or an attorney," and if they cannot afford one, they may contact "the public defender for an intake interview, and if eligible, the court shall appoint an attorney for [the respondent.]" RI ST § 8-8.3-4(e)(6).
Cite: RI ST § 8-8.3-4(e)(6).
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