Right to counsel

Key_development Question_mark

Litigation, Paternity - Petitioner or Child

In Turner v. Whitsted, 327 Md. 106, 116, 607 A.2d 935, 940 (1992), the court noted that in a paternity action:


While [the child] is not a party to the action, Rule 2-423 permits the physical examination of a party or a 'person in the custody or under the legal control of a party.' Consequently, the court might even appoint counsel to represent [the child's] interests if it believes that those interests might be compromised by the blood test. If [the child's] best interests would be jeopardized by submitting to a blood test, the child's representative may then request a protective order.


The court did not cite any particular authority for such appointment for the child, which suggests the court was relying on its inherent power to appoint.

Appointment of Counsel: discretionary Qualified: yes