Right to counsel

Montana , Litigation , Termination of Parental Rights (State) - Birth Parents

In In re A.S.A., 852 P.2d 127 (Mont. 1993), the Montana Supreme Court held that due process rights afforded by the Montana Constitution required appointment of counsel to an indigent mother facing the loss of her parental rights. The Court explicitly declined to follow the U.S. Supreme Court’s ruling in Lassiter.

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.