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).
Legislation, Abuse/Neglect/Dependency - Accused Parents
In Child in Need of Assistance proceedings, indigent parents have a right to counsel. Also, the court must appoint counsel for unrepresented parents if they are incompetent by reason of mental disability, regardless of indigency.
Cite: Md. Code Ann. Ct.s & Jud. Proc ยงยง 3-813(b)(1); Md. Code Ann. Crim. Proc. 16-204(b)(1)(v)
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.
categorical
no
