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, Custody Disputes - Children
A court may appoint counsel for a child in traditional custody proceedings if it would be in the child's best interest. Cal. Fam. Code § 3150. The role of the attorney is that of guardian ad litem and not client-directed counsel. See id. However, "If the child so desires, the child's counsel shall present the child's wishes to the court." Cal. Fam. Code § 3151.
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
