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, Civil Commitment
General Involuntary Commitment for Mental Health
Per 16 Del.C. § 5007(3), indigent individuals subject to involuntary commitment proceedings have the right "[t]o be represented by counsel at all judicial proceedings, such counsel to be court-appointed if the individual cannot afford to retain counsel..." And "[u]pon the filing of the probable cause complaint the court shall forthwith: (1) Schedule a probable cause hearing to determine whether probable cause exists for the involuntary patient's confinement, and, where necessary, appoint counsel to represent the involuntary patient." 16 Del.C. § 5009(a).
Involuntary Commitment for Substance Abuse
Upon "written certification by a physician that the individual is a person in need of treatment as provided for in this chapter[,]" a person may be involuntary admitted for substance abuse treatment on either an inpatient or outpatient basis. 16 Del.C. § 2211. A right to court-appointed counsel attaches for indigent respondents upon the filing of the petition per 16 Del.C. § 2214(1). See also 16 Del.C. § 2215 (stating that "An individual whom the staff of a facility has determined to be a person in need of treatment will be provided: ... (3) Representation by counsel at all judicial proceedings, such counsel to be court-appointed if the involuntary patient cannot afford to retain counsel").
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.
Appointment of Counsel: categorical Qualified: no