Right to counsel

Legislation, Other subject area

The court shall appoint counsel for a service member to whom it denies an additional stay of a civil proceeding or action, where the additional stay is sought due to "continuing material effect of military duty on the service member's ability to appear. See Cal. Mil. & Vet.Code § 403(e).


Another section of the code provides for the discretionary appointment of counsel.  Section 402(e) states that "the court may appoint an attorney to represent a service member in any action or proceeding ... if the service member does not personally appear therein or is not represented by an authorized attorney[.]"   

Appointment of Counsel: categorical Qualified: yes