Right to counsel

Arkansas , Litigation , Adult Protective Proceedings - Protected Person

In Honor v. Yamuchi, the Arkansas Supreme Court held that those facing an involuntary assumption of custody by the state due to maltreatment (i.e., adult protective proceedings) are constitutionally entitled to counsel. 820 S.W.2d 267, 269 (Ark. 1991).  The Court appeared to deal with the state and federal constitutions concurrently, Id. at 269, and relied on federal court jurisprudence as well as Lassiter for the holding. 

This case preceded the passage of Ark. Code Ann. § 9-20-116, which provides counsel in cases brought under the Adult Maltreatment Custody Act.

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.