Discretionary appointment of counsel for child witnesses

03/23/2023 , Virginia , Legislation , Other subject area

In 2023, the Virginia legislature enacted SB 1033, which amends the civil procedure code to allow the court to appoint an attorney as guardian ad litem on behalf of a minor who is called as a witness if “the circumstances so require.” Va. Code Ann. § 8.01-396.2(A).  The law is effective as of July 1, 2023.

Appointment of Counsel: Discretionary
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.