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, Guardianship/Conservatorship of Adults - Protected Person
Neb. Rev. Stat. § 30-2619(b) specifies that in guardianship proceedings, "Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity and unless the person alleged to be incapacitated has retained counsel of his or her own choice or has otherwise indicated a desire for an attorney of his or her own choice, the court may appoint an attorney to represent him or her in the proceeding."
Neb. Rev. Stat. § 30-2626(b) provides a similar discretionary power for temporary guardianships.
Neb. Rev. St. § 30-2623(c) specifies that for guardianship removal/termination proceedings, "the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send a visitor to the residence of the present guardian and to the place where the ward resides or is detained, to observe conditions and report in writing to the court." It is unclear whether "same procedures" is limited to the visitor's actions (which would not incorporate the discretionary appointment of counsel provision) or applies to the whole proceeding.
In In re Guardianship of Brydon P., 838 N.W.2d 262 (Neb. 2013), the high court observed that Neb. Stat. § 30-2620.01 authorizes payment of attorney fees for the ward's attorney when the ward is an adult, but not when the ward is a minor and not in any situation for a petitioner's attorney. However, the court held that as a matter of public policy, "when a court determines that a petitioner seeks a guardianship appointment for a minor in good faith and that the guardianship is in the minor's best interests, the court is statutorily authorized to assess a successful petitioner's reasonable costs, including attorney fees, against the minor's estate, if an estate exists." However, the court held that the attorney fees could not be assessed against another party.
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.
Appointment of Counsel: discretionary Qualified: no