Right to attorney ad litem
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).
03/28/2023, Legislation, Involuntary Medical Treatment (incomplete)
On March 28, 2023, North Dakota enacted SB 2225, providing protected or proposed protected persons with the right to an attorney ad litem where the guardian or proposed guardian seeks court authorization to consent on the person's behalf to treatment with a prescribed mood stabilizer or antipsychotic medication. The guardian or proposed guardian can seek such authority either at the initial hearing on the plenary guardianship or at a separate involuntary treatment hearing. The protected person is entitled to an attorney ad litem in such proceedings, and the right attaches upon the petition being filed. N.D. Cent. Code Ann. § 30.1-28-16(1).
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