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
A child in an abuse/neglect proceeding is entitled to a "law guardian" protect his/her interests and express his/her wishes to the court. N. J. Stat. Ann. § 9:6-8.23.
In addition, in the preliminary stages of kinship legal guardianship matters where legal representation is being provided by the Public Defender either through its law guardian program or its office of parental representation, N.J. Stat. Ann. § 30:4C-85(2) provides that an indigent child shall be afforded the same right to legal counsel as in actions under Title 9 and pursuant to N. J. Stat. Ann. § 30:4C-15.4.
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
