In re S.M.

Held that an indigent parent or custodial respondent in an abuse and neglect case has a right to appointed counsel at all stages of the proceedings, but they may elect to continue self-represented upon a knowing and intelligent waiver of the right to counsel. The court reasoned that “[t]he right of self-representation is a correlative right to assistance of counsel guaranteed by article III, section 14 of the West Virginia Constitution.” Determining whether a litigant has made a knowing and intelligent waiver of the right to counsel was the fundamental part of the process for allowing a litigant to proceed self-represented. The appropriate test in such cases is whether the litigant is aware of the dangers of self-representation and clearly intends to waive the rights they relinquish by electing to proceed pro se. The court found that the petitioner in this case was made aware of the dangers of electing to proceed with his stipulation and adjudication without the presence of his counsel and that the petitioner expressed a clear intention to waive his right to representation at that hearing: the record showed that the petitioner was sufficiently questioned by both the guardian ad litem and the circuit judge about his decision to proceed with the hearing without his counsel present.