Right to counsel

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Litigation, Civil Commitment - Subject of Petition

In State ex rel. Memmel v. Mundy, 249 N.W.2d 573, 576 (Wis. 1977), the court stated that “At least as to indigents involved in such proceedings, it is a constitutional requirement that legal representation be provided for the person whose commitment is sought”, and relied on similar rulings from federal courts. The fact that the Memmel court relied entirely on federal decisions makes it likely that this was a decision based on the Fourteenth Amendment, as opposed to the state constitution’s due process clause.

Appointment of Counsel: categorical Qualified: no