Discretionary appointment of counsel

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Legislation, Domestic Violence - Accused Person

Idaho Code Ann. § 39-6306(1) states that upon filing of a protection order, "[i]f the court finds that it is necessary for both parties to be represented by counsel, the court shall enter appropriate orders to ensure that counsel is retained. The order entered may require either the petitioner or respondent, or both, to pay for costs of counsel." Moreover, the same statute provides that "[i]f either party is represented by counsel at a hearing seeking entry of a protection order, the court shall permit a continuance, if requested, of the proceedings so that counsel may be obtained by the other party."

Appointment of Counsel: discretionary Qualified: no