Right to counsel

Key_development Question_mark

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