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
