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
An indigent parent has a right to counsel at all critical stages of the proceedings of an abuse/neglect case, as per D.C. Code § 16-2304(b)(1).
SCR Neglect and Abuse Rule 6 of the Superior Court, governing neglect and abuse proceedings, specifies that parents are to receive notice of their right to appointed counsel upon removal of the child.
Cite: D.C. Code ยง 16-2304(b)(1)
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
