Discretionary appointment of 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, Abuse/Neglect/Dependency - Accused Parents
For parents in dependency proceedings, counsel is appointed "whenever the nature of the proceedings and due process so require." Or. Rev. Stat. Ann. § 419B.205(1). The statute goes on to list factors for the court to consider, such as "[t]he duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding", the complexity of the issues and evidence, the nature of the contested allegations and evidence, and the effect the ruling will have on subsequent proceedings (such as termination of parental rights).
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.
discretionary
no
