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
All persons alleged to be subject to “involuntary admission” to a mental health facility must be represented by counsel, and if such a person “is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing, the court shall appoint counsel for him.” 405 Ill. Comp. Stat. Ann. 5/3-805 (West). The court will make such appointments first from the Guardianship and Advocacy Commission. If no attorney from the Guardianship and Advocacy Commission is available, then the public defender shall be appointed. Finally, if no public defender is available the court will appoint an attorney licensed to practice law in the State. Private attorneys so appointed will be paid a fee in an amount determined to be reasonable by the court upon the filing of a verified statement of legal services. The county will pay all or any portion of this fee that the client is unable to pay. See also Matter of Walters, 539 N.E.2d 454 (Ill. App. 1989) (reversing commitment order because counsel must be appointed at time hearing is set, not at hearing itself).
Similarly, any person who meets the standard for “judicial admission” to a mental health facility must also be represented by counsel, and if such person “is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing, the court shall appoint counsel for him.” 5/4-605. Under Section 405, persons seeking to appeal a final order who are “unable to obtain counsel” are entitled to court-appointed counsel “pursuant to Section 3-805.” 5/3-816(b).
In Carmody v. Carmody, 653 N.E.2d 977 (Ill. App. 1995), the court held that “the legislature could not have intended to provide an individual subject to involuntary commitment with the right to counsel and to permit that counsel to be prejudicially ineffective. Thus, the statutory right to counsel contained in section 3-805 of the Code includes the right to effective assistance of 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