In re Smiley

Jones, J. (dissenting).

In my view the decision of the majority falls short of the requirements of this case. I would recognize the right of indigent individuals to the assistance of counsel in litigation seeking the dissolution of a marriage. I would conclude further, however, that we are not required on the record now before us to determine how such assistance shall be assured and that it would be inappropriate for us to do so at this time.

The Supreme Court of the United States, in Boddie v Connecticut (401 US 371, 374) held: "that, given the basic position of the marriage relationship in…