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 - Parents
If a third party seeks to obtain custody of a child and such a proceeding is consolidated with an abuse/neglect or termination proceeding, the birth parents have a right to appointed counsel, while the court has discretion to appoint counsel for the third party. D.C. Code § 16-831.02(c)(2), (3).
In any third party custody proceeding regardless of consolidation, the court has the discretion to appoint counsel for the parents if it deems it necessary "in the interests of justice", and it can also appoint counsel for the third party. D.C. Code § 16-831.06(c).
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
yes
