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, Civil Commitment - Subject of Petition
R.I. Gen. Laws § 40.1-5-8(d)(2) specifies that in a proceeding to certify someone to a mental health facility, "If the person is unable to afford counsel, the court forthwith shall appoint the mental health advocate for him or her."
Rhode Island law also provides a right to counsel for court-certified alleged narcotics addicts who appear before a family or district court without counsel and are financially unable to engage counsel. R.I. Gen. Laws § 21-28.2-3(4). In these cases, the court is required to notify the person of their right to 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
no
