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
In a case with contested issues of child custody, visitation rights, or support, the court has discretion to appoint independent counsel for a child who is the subject of the case. Md. Code. Fam. Law § 1-202.
One of the Maryland rules provides parameters on what the court should consider in deciding whether to appoint counsel. MD. R. 9-205.1(b).
The Maryland Lawyers' Rules of Professional Conduct govern what role the attorney should play for the child. MD. R. 9-205.1(c)(1)(A).
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
