Right to counsel

01/01/1970 , Virginia , Legislation , Truancy - Petition Against Child

Va. Code § 22.1-267 provides that truancy is treated as a “child in need of supervision” matter.  In turn, Va. Code § 16.1-266(B) provides that counsel must be appointed for all children prior to any detention hearing, while Va. Code § 16.1-266(C) adds that the court must appoint counsel for indigent children subsequent to the detention hearing prior to any adjudicatory or transfer hearing.

As to the appointment of counsel on appeals “[f]rom any final order or judgment of the juvenile court”, Section 16.1-296(I) states:

In all cases on appeal, the circuit court in the disposition of such cases shall have all the powers and authority granted by the chapter to the juvenile and domestic relations district court. Unless otherwise specifically provided by this Code, the circuit court judge shall have the authority to appoint counsel for the parties and compensate such counsel in accordance with the provisions of Article 6 (§ 16.1-266 et seq.) of this chapter.

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.