Discretionary appointment of counsel

Washington D.C. , Legislation , Custody Disputes - Children

D.C. Code § 16-914(g) gives the judge the power to appoint either a GAL or an attorney (or both) for a child in a private custody proceeding.  Even if a GAL is appointed, “Pursuant to an administrative order issued by the Superior Court, GALs in custody cases must be attorneys. D.C. Fam. Ct. R.App. III, at I.B.1.”  Saxon v. Zirkle, 97 A.3d 568, 574 (D.C. App. 2014).


The Saxon court also held that “attorney GALs are not generally foreclosed from obtaining attorney’s fees as a sanction under Domestic Rule 11 … this court and others have held that attorney’s fees may be awarded even though representation was provided on a pro bono basis.”

Appointment of Counsel: Discretionary
Qualified: No
? 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.