New North Dakota law strengthens right to counsel for kids
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).
04/28/2021,
Legislation, Abuse/Neglect/Dependency - Children
In 2021, North Dakota enacted a bill specifying that in children in need of protection cases, "Counsel for the child must be appointed, regardless of income, unless counsel is retained for the juvenile ... if the child is of sufficient age and competency to assist counsel."
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
