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
Kentucky's in forma pauperis ("IFP") statute, Section 453.190(1), provides that "[a] court shall allow a poor person residing in this state to file or defend any action or appeal therein without paying costs, whereupon he shall have any counsel that the court assigns him . . . ." Ky. Rev. Stat. Ann. § 453.190(1). The Kentucky Court of Appeals (which at the time was the state high court) held that the IFP statute applies to civil cases as well as to criminal cases. Wilson v. Melcroft Coal Co., 11 S.W.2d 932, 933 (Ky. 1928).
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
