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, Termination of Parental Rights (Private) - Children
In any proceeding under the Adoption Act that may result in termination of parental rights, Vermont requires appointment of an attorney for any minor unless the minor declines representation. 15A V.S.A. § 3-201. Moreover, in an adoption relinquishment proceeding:
[a] parent who is a minor is competent to execute a consent or relinquishment if the parent has had the advice of an attorney who is not representing an adoptive parent or the agency to which the parent’s child is relinquished. The attorney shall be present when the consent or relinquishment is executed.
15A V.S.A. § 2-405(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
