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.
Appointment of Counsel: categorical Qualified: yes
|NCCRC assisted with briefing on the McQueen case.|