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, Adult Protective Proceedings - Proposed Protected Person (incomplete)
Under the South Carolina Omnibus Adult Protection Act, the state may investigate adult care-giving services that are accused of neglecting or abusing vulnerable adults. During or following such investigations, the state’s Adult Protective Services Program may petition the family court for an order to provide protective services, and “[w]ithin ten days following the filing of a petition . . . , the court shall appoint a guardian ad litem and an attorney for the vulnerable adult[.]” § 43-35-45(B)-(C).
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
