Right to counsel

Kansas , Legislation , Sterilization

Kansas provides the right to counsel for some but not all sterilization proceedings. Kan. Stat. Ann. § 59-3075(e)(5) provides that a guardian may not consent to sterilization “unless approved by the court following a due process hearing held for the purposes of determining whether to approve such, and during which hearing the ward is represented by an attorney appointed by the court.”  But for minors, Kan. Stat. Ann. § 38-2272(d)(4) provides that a court may impose limits on an appointed permanent custodian of a child to consent to sterilization, suggesting that the power exists and can be exercised where authorized without appointment of counsel.

Appointment of Counsel: Yes
Qualified: Yes
? 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.