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, Bypass of Parental Input into Abortion - Minor
A minor must be provided counsel upon request in proceedings to waive parental notification of an abortion. 750 Ill. Comp. Stat. § 70/25(b).
Prior to the existence of this statutory right to counsel, a federal appellate court had found that the absence of a right to counsel made the bypass process constitutionally defective under the U.S. Supreme Court's decision in Bellotti v. Baird, 428 U.S. 132 (1976), which governed the constitutionality of judicial bypass procedures. Wynn v. Carey, 582 F.2d 1375, 1389 (7th Cir. 1978)
Cite: 750 Ill. Comp. Stat. ยง 70/25(b)
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
