Right to counsel

West Virginia , Legislation , Truancy - Petition Against Child

W.Va. Code § 49-4-701(f)(2) provides that truancy is treated as a status offense.  And the court must appoint counsel for such children regardless of indigence pursuant to W. Va. Code § 49-4-708(a)(2).

Notably, for children 18 or over, truancy is treated as a misdemeanor pursuant to W.Va. Code § 18-8-2(b).

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.