Discretionary appointment of counsel - convicts, minors, or incompetent persons
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, All Basic Human Needs
West Virginia has a provision that requires a court to "appoint a discreet and competent attorney at law as guardian ad litem for an infant, incompetent person, or convict not otherwise represented in an action, or shall make such other order as it deems proper for the protection of the infant, incompetent person, or convict." W. Va. R. Civ. P. Rule 17(c). In Quesinberry v. Quesinberry, 443 S.E.2d 222, 224 (W. Va. 1994), the court noted that the trial court is not obligated to appoint a guardian ad litem if it can determine another way to protect the rights of the convict, such as continue the action until the prisoner is released.
As to whether Rule 17(c) applies when the convict is the plaintiff rather than the defendant, the court has said that "[i]n the case of a prisoner bringing his own suit, it is possible to conclude that he has elected to waive the use of a committee, next friend, or guardian." Craigo v. Marshall, 331 S.E.2d 510, 514 (W. Va. 1985).
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.
Appointment of Counsel: discretionary Qualified: yes