Discretionary appointment of counsel

Nevada , Legislation , Termination of Parental Rights (State) - Birth Parents

For termination of parental rights (TPR) proceedings, the court “may appoint an attorney” for indigent parents. Nev. Rev. Stat. § 128.100(2).  Appointed counsel “is entitled to the same compensation and expenses from the county . . . for attorneys appointed to represent persons charged with crimes.” Nev. Rev. Stat. § 128.100(3). 

 

But “[i]f the parent of an Indian child for whom [TPR] is sought is indigent, the court: (a) Shall appoint an attorney to represent the parent; and (b) May apply to the Secretary of the Interior for the payment of the fees and expenses of” appointed counsel. Nev. Rev. Stat. § 128.023(2); see also § 62D.210(2) (as to proceedings involving placement into foster care).

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.