Right to counsel

Key_development Question_mark

Legislation, Civil Commitment - Subject of Petition

A public defender shall represent an indigent individual in "any other proceeding" where "confinement under a judicial commitment . . . in a public or private institution may result."  Md. Code Crim. Proc. § 16-204(b)(1)(iv).


In Johnson v. Solomon, 484 F. Supp. 278 (D. Md. 1979), a federal court, relying in part on Maryland's Juvenile Causes Act (Md. Code Ann., Cts. & Jud. Proc., § 3-813 (formerly § 3- 821)) and Maryland Rule 11-106 (formerly Rule 906) established the right to counsel for youth in juvenile mental health commitment hearings, as well as in mandatory six-month reviews for individuals confined to a mental hospital.

Appointment of Counsel: categorical Qualified: no