Right to counsel
Legislation, Civil Commitment
The court must appoint counsel for indigent respondents in civil commitment proceedings, including those concerning juveniles and developmentally disabled individuals. Idaho Code Ann. §§ 66-329(7) (as to mental health); 66-406(7) (as to developmental disability); § 16-2429(1) (as to juveniles). For juveniles, the court takes into consideration both the juvenile and parents' ability to afford counsel. Idaho Code Ann. § 16-2429(1).
In proceedings under these sections, the person is entitled "[t]o be represented by an attorney to the same extent as a person having his own counsel" and the representation extends to "all stages of the matter" including any appeal or post-commitment proceedings. Idaho Code Ann. § 19-6009(2). Representation is provided by the state defender. Idaho Code Ann. § 19-6010(4) ("Upon notification by the court [that the person is entitled to be represented by an attorney at public defense], the indigent defense provider shall represent the person.").
Appointment of Counsel: categorical Qualified: no