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, Paternity - Petitioner or Child
Mich. Comp. Laws § 722.714(4) specifies that “[i]f the county department of human services of the county in which the mother or alleged father in a paternity action resides first determines that she or he has physical possession of the child and is eligible for public assistance or without means to employ an attorney . . . then the prosecuting attorney shall initiate and conduct proceedings under this act.” Further, “[t]he prosecuting attorney and the department of human services may enter into an agreement to transfer the prosecutor's responsibilities under this act to . . . an attorney employed by the county under section 1 of 1941 PA 15, MCL 49.71.” § 722.714(5)(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