Discretionary appointment of 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, All Basic Human Needs
Should a court deem a person indigent in a civil action, the court "in its discretion, may appoint counsel," and that counsel must "perform his or her duties without fees, charges, or reward." 735 Ill. Comp. Stat. 5/5-105(g).
In proceedings involving violations of civil rights, the court has discretion to appoint counsel for persons who are "financially unable to bear the costs of such action", plus the attorney can petition for an award of attorneys fees, and the court in its discretion can award attorneys fees to the prevailing party. 775 Ill. Comp. Stat. 5/10-102(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.
discretionary
no
