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, Abuse/Neglect/Dependency - Children
33 V.S.A. § 5112(a) states, "The court shall appoint an attorney for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters." Dependency proceedings are part of juvenile judicial proceedings, as per 33 V.S.A. § 5102(14), and a child is a "party" to a dependency proceeding as per 33 VSA 5102(22). See also Vt. R. Fam. P Rule 6(b) ("In proceedings under 33 V.S.A. Chapter[] … 53 [children in need of care of supervision], the court shall assign counsel pursuant to Administrative Order No. 32 to represent the child unless counsel has been retained by that person.")
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
