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To: general_re
But you find the notion that "entitled to counsel" being exactly identical to "must always have counsel" sensible? Interesting.

No I don't say they are identical(the law states no such thing), but I do construe "right to counsel" as something more than using someone else's counsel especially when there are potentially colliding interests.

2,820 posted on 04/01/2005 3:56:54 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: AndrewC

That doesn't get you anywhere near universal representation for the incapacitated unless you, again, define conflict of interest so broadly that nobody can possibly avoid it. For situations where there appears to be the potential for conflict of interest, we have judges and other to evaluate on a case-by-case basis. This is not even in the same solar system as counsel being automatically required in all cases.


2,822 posted on 04/01/2005 4:11:11 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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