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, Sexually Dangerous Persons - Commitment
Before commitment under N.D. Cent. Code § 25-03.3-09, a sexually dangerous individual is entitled to legal counsel who shall be appointed if an appearance by an attorney has not been entered within twenty-fours hours of the filing of a petition. If that respondent is indigent, then the respondent is appointed counsel according to written notice from the state's attorney of their right to a preliminary hearing and a commitment hearing. N.D. Cent. Code § 25-03.3-10. Also, if an appealable order is entered, then the court must notify the respondent of the right to appeal and right to counsel. N.D. Cent. Code § 25-03.3-19.
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
