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, Adult Protective Proceedings - Proposed Ward
"The individual sought to be protected has the right to counsel" for a hearing on a petition for protective services or protective placement under Wis. Stat. Ann. § 55.10. These protection proceedings are only available for "an individual who is adjudicated incompetent in this state or for a minor who is alleged to have a developmental disability." Wis. Stat. Ann. § 55.06.
The court must require "full legal counsel" if the petition states that the individual 1) is not competent to refuse psychotropic medicine, 2) the individual requested counsel 72 hours before the hearing, 3) if anyone states that the individual is opposed to the petition, 4) or the court determines the interest of justice require it. Wis. Stat. Ann. § 55.10(4)(a). If the individual does not have full legal counsel, a guardian ad litem must be present at all hearings. Wis. Stat. Ann. § 55.10(4)(b).
If there is a petition for transfer of an individual in protective placement and if anyone on the individual's behalf requests counsel for the hearing on the petition, the court shall refer the individual to counsel. Wis. Stat. Ann. § 55.105.
During the annual review of a protective placement, the guardian ad litem must notify the individual and their guardian of their right to counsel, Wis. Stat. Ann. § 55.18(2)(b)(2) , and report to the court whether individual counsel is recommended. Wis. Stat. Ann. § 55.18(2)(f)(3). The court must refer the individual to legal counsel if the court determines that legal counsel is necessary or if the guardian ad litem requests it. Wis. Stat. Ann. § 55.18(3)(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.
Appointment of Counsel: categorical Qualified: no