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, Guardianship/Conservatorship of Adults - Protected Person
RC § 2111.02(C)(7) provides that “If the hearing concerns the appointment of a guardian or limited guardian for an alleged incompetent, the alleged incompetent has all of the following rights: … (d) If the alleged incompetent is indigent, upon the alleged incompetent's request: (i) The right to have counsel …. appointed at court expense.”
In State of Ohio ex Rel McQueen, 986 N.E.2d 925 (Ohio 2013), the Ohio Supreme Court found a right to counsel for guardianship review proceedings.
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
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NCCRC assisted with briefing on the McQueen case.
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