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, Sexually Dangerous Persons - Commitment
Wis. Stat. Ann. § 980.03(2)(a) provides a right to counsel for “any hearing” related to commitment of sexually violent persons, “[e]xcept as provided in §§ 980.038(2) [refusal to participate in examination] and 980.09 [petition for discharge].” If the person “claims or appears to be indigent,” the court must “refer the person to the authority for indigency determinations under § 977.07(1) and, if applicable, the appointment of counsel.” Wis. Stat. Ann. § 980.03(2)(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
no
