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, Sexually Dangerous Persons - Commitment
No hearing can be conducted on a petition for commitment of a person on the ground that such person is sexually violent unless such a person is represented by counsel. See 725 Ill. Comp. Stat. Ann. 207/25(c)(1). If such a person is indigent, then the court must appoint counsel. Id. (“[T]he person who is the subject of the petition has the right: (1) To be present and to be represented by counsel. If the person is indigent, the court shall appoint counsel.”). This right includes the right to effective assistance of counsel. People v. Rainey, 758 N.E.2d 492, 501-03 (Ill. App. 2001).
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
no
