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, Guardianship/Conservatorship of Adults - Protected Person
A.C.A. § 16-87-306 states: "The public defender in each judicial district shall have the following duties: (1)(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all: (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases ..." This suggests that there might be a right to appoined counsel in all cases involving guardianship. However, A.C.A. § 28-65-213(a)(1) states that in guardianship cases, the respondent has the right to be “represented by counsel”, but it does not mention appointment if indigent.
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
