Right to counsel

Federal , Legislation , All Basic Human Needs

50 App USC § 521(b)(2) states:

 

If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.

 

The “actions covered by this section” include “any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.”

 

50 App USC § 521(d)(2) states that where a serviceperson granted a stay of a civil action applies for an additional stay and is denied, “the court shall appoint counsel to represent the servicemember in the action or proceeding.”

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.