Right to counsel

Vermont , Legislation , Sterilization

Vermont provides for the right to counsel for intellectually disabled adults prior to involuntary sterilization: “If the [sterilization] petition states that the respondent is unable to pay for counsel, the court shall appoint counsel to be paid by the state or set a hearing for a determination of respondent’s ability to pay for counsel.”  18 V.S.A. § 8710.  A court rule also provides for the appointment of counsel.  Vermont Family Proceedings Rule 6.1, which “applies to all proceedings involving adults under … 18 V.S.A. Chapter 204 (Sterilization)” states, “In all proceedings to which this rule applies, the court shall assign counsel pursuant to Administrative Order No. 32 to represent the respondent unless counsel has been retained by that person.” Vt. R. Fam. Pro. R. 6.1(b).

Appointment of Counsel: Yes
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.