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).
03/09/2023,
Legislation, Termination of Parental Rights (State) - Children
In March 2023, Wyoming enacted the Wyoming Indian Child Welfare Act, Wyo. Stat. Ann. § 14-6-701 et seq., which provides that in termination of parental rights proceedings, The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the child's best interests." Wyo. Stat. Ann. § 14-6-704(b).
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
no
