Right to counsel

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Legislation, Involuntary Medical Treatment (incomplete)

Arkansas' mental health code uses the term "involuntary admission" to include "[a]dmission to outpatient behavioral healthcare services," Ark. Code Ann. § 20-47-202(10)(C), and persons subject to such proceedings have the right to counsel. See Ark. Code Ann. § 20-47-212(a) ("If it appears to the court that the person sought to be involuntarily admitted is in need of counsel, counsel shall be appointed immediately upon filing of the original petition.").  Although the statutory language makes it sound as though appointment of counsel is discretionary, Ark. Code Ann. § 20-47-211 states that "the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights," which includes "[t]hat he or she has the right to effective assistance of counsel, including the right to a court-appointed attorney[.]"


Regarding attorney's fees, the statute sets a maximum amount of $150, and counsel may be appointed on a pro bono basis. Ark. Code Ann. § 20-47-212(b).  The Arkansas legislature has directed "[t]he quorum courts of each county [to] appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter[.]" Id. at (c); see also Ark. Code Ann. § 14-20-102(a)(1) (creating a "fund to be used for the purpose of paying reasonable and necessary costs incurred ... in the representation of persons against whom involuntary admissions procedures for mental health or alcohol and narcotic commitments ... have been brought[.]").  The public defender is tasked with providing representation in these matters. See Ark. Code Ann. § 16-87-306.

Appointment of Counsel: categorical Qualified: no