Right to counsel

Arkansas , Legislation , Guardianship/Conservatorship of Adults - Protected Person

A.C.A. § 16-87-306 states: “The public defender in each judicial district shall have the following duties: (1)(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all: (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases …”   This suggests that there might be a right to appoined counsel in all cases involving guardianship.  However, A.C.A. § 28-65-213(a)(1) states that in guardianship cases, the respondent has the right to be “represented by counsel”, but it does not mention appointment if indigent.

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.