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, Bypass of Parental Input into Abortion - Minor
One statute used to confer the right to counsel if requested by a minor seeking a waiver of parental notification for an abortion. N.J. Stat. Ann. § 9:17A-1.7(b) ("[t]he court shall ... advise her that she has a right to court appointed counsel, and shall, upon her request, provide her with such counsel.") The Parental Notification for Abortion Act, however, has since been held unconstitutional, negating the need to obtain a waiver (and therefore, the need for counsel). See Planned Parenthood of Central New Jersey v. Farmer, 762 A.2d 620 (N.J. 2000).
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
