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).
Court Rule or Initiative, Abuse/Neglect/Dependency - Accused Parents
Rule 12 of the Children in Need of Aid Rules requires appointment of counsel for indigent parents in CINA cases, as well as for parents on active military duty who have not appeared in the case. At the first hearing at which a parent is present, court shall inform the parent of right to be represented at all stages of the proceedings. AK R CINA Rule 12. Additionally, the notice of hearing on the petition and summons must contain a statement about the parent’s right to counsel. AK R CINA Rule 7.
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
