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, Abuse/Neglect/Dependency - Children
In a proceeding alleging abuse or neglect, the court must appoint a lawyer-guardian ad litem to represent the child. Mich. Comp. Laws 712A.17c(7); Mich. Ct. R. 3.915(B).
The child may not waive the assistance of the lawyer- guardian ad litem. Mich. Comp. Laws 712A.17c(7). If the lawyer-GAL determines that the child’s wishes conflict with that of the lawyer-GAL, the court is authorized to appoint an attorney for the child if the court determines the child is sufficiently mature. Mich. Comp. Laws 712A.17d(2).
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
yes