Right to counsel

Illinois , Legislation , Sterilization

When sterilization of a ward of the state is sought, the ward has a right to appointed counsel upon request, if the ward objects to sterilization, or if the ward takes a position contrary to that of the court-appointed guardian ad litem. 755 Ill. Comp. Stat. 5/11a-17.1(d). The statute adds that the court also has discretion to appoint even without a request by the ward if “the court finds that the interests of the ward will be best served.”  The court must inform the ward of this right to obtain appointed counsel, and may allow the counsel reasonable compensation.

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.