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 - Subject of Petition
When a person is mentally disabled and requires involuntary admission to residential services, he or she is entitled to appointed counsel at both the capacity determination regardless of indigence, see Fla. Stat. Ann. § 393.12(5), and the hearing to determine involuntary admission if indigent, see § 393.11(6)(a). Counsel must also be appointed for people subject to petitions for involuntary outpatient placement, see § 394.4655(5) (“the court shall appoint the public defender to represent the person . . ., unless the person is otherwise represented by counsel”), or inpatient placement, see § 394.467(4) (same). In In re Beverly, 342 So. 2d 481, 489 (Fla. 1977), the Supreme Court of Florida held that “The subject of an involuntary civil commitment proceeding has the right to the effective assistance of counsel at all significant stages of the commitment process.”
In Auxier v. Jerome Golden Center for Behavioral Health, 85 So.3d 1164 (Fla. App. 2012), a ward's guardian commited the ward and then opposed appointment of counsel for the ward, arguing that the guardian's own attorney could represent the ward. The Court of Appeals held that the attorney appointed pursuant to § 394.467(4) represents the ward, not any GAL that the ward might have.
There is also a right to counsel for involuntary substance abuse treatment. Fla. Stat. §§ 397.681(2); 397.6975(3) (where service provider seeks to extend treatment); 394.4598(1) (court must appoint counsel for patient where facility administrator seeks to appoint guardian advocate to consent to treatment on patient’s behalf).
Where the state seeks to place a juvenile in a mental health facility, "the court shall appoint a guardian ad litem for the child, if one has not already been appointed, and shall also appoint an attorney for the child." Fla. R. Juv. P. Rule 8.350(a)(3).
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