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, Guardianship/Conservatorship of Adults - Protected Person
Indigent persons subjected to a guardianship are entitled to appointed counsel. Alaska Stat. § 13.26.226(b). The statute goes on to say that if the respondent is financially unable to employ an attorney, the court shall appoint the office of public advocacy under Alaska Stat. § 13.26.291 to represent the respondent in the proceedings.
For conservatorships based on anything other than minority, the person has a right to appointed counsel (for minority-based conservatorships, the court may appoint counsel). Alaska Stat. § 13.26.430(a).
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
yes
