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).
Litigation, Abuse/Neglect/Dependency - Accused Parents
In Flores v. Flores, the Alaska Supreme Court held that the state constitution's due process clause requires counsel for indigent parents "whenever an indigent parent, unable to present his or her case properly, faces a substantial possibility of the loss of custody or of prolonged separation from a child." 598 P.2d 893, 895 (Alaska 1979).
A constitutionally-based right to counsel necessarily includes the right to effective assistance. V.F. v. State, 666 P.2d 42, 45 (Alaska 1983) ("[W]henever the right to counsel is constitutionally guaranteed in a particular proceeding, the effective assistance of counsel is also constitutionally required." (citing e.g., McMann v. Richardson, 90 S.Ct. 1441, 1449 ). But "[t]he right to the effective assistance of counsel does not extend … to the right to reject appointed counsel and have new counsel appointed in the absence of any showing of cause for such change." P.M. v. State, 42 P.3d 1127, 1133 (Alaska 2002).
In P.M., a father who faced the termination of his parental rights refused to work with two separate appointed attorneys, threatened them, and filed bar complaints against them. Id. at 1130. The Alaska Supreme Court upheld the Superior Court’s refusal to appoint replacement counsel, relying on a large body of case law refusing to so appoint where the “request for replacement counsel lacked merit or was being used as a delay tactic.” Id. at 1133 (citing Coleman v. State, 621 P.2d 869, 877–78 [Alaska 1980]).
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