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
In commitment proceedings for sexually violent predators, S.C. Code § 44-48-80(C)(1) refers to the right "to be represented by counsel", while § 44-48-90(B) adds, “At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court must appoint counsel designated by the Office of Indigent Defense to handle sexual predator cases to assist the person.”
South Carolina recently enacted SB 146, which adds a new section to the Sexually Violent Predator Act, providing that "[a] resident committed to the South Carolina Sexually Violent Predator Treatment Program shall have the right to challenge the commitment and subsequent periodic reviews based on the ineffective assistance of counsel during the resident's commitment trial or periodic review proceedings." S.C. Code § 44-48-115(A). The judge shall appoint an attorney for the resident upon the filing of the petition if the petition alleges that they are indigent. Id. at (E). The appointed attorney shall not be "an attorney who previously represented the resident in any prior criminal proceedings underlying the commitment or state post-conviction relief proceeding or appeals from those proceedings, in the original sexually violent predatory civil commitment proceeding or appeal from that proceeding, or in any previous or present periodic reviews or appeals therefrom." Id.
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