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, Termination of Parental Rights (Private) - Birth Parents
Washington provides for the appointment of counsel to indigent parents at all stages of a proceeding in which a child is alleged to be dependent, including termination of parental rights proceedings. Wash. Rev. Code § 13.34.090.2 This includes a right to counsel for non-consenting parents in private adoption proceedings where the prospective adoptive parent seeks to terminate parental rights of the natural parent. Wash. Rev. Code § 26.33.110(3)(b)(i). However, parents who voluntarily put their children up for adoption are not entitled to the appointment of counsel. In re Adoption of Hernandez, 607 P.2d 879 (Wash. Ct. App. 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.
categorical
no