Right to counsel

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Litigation, Civil Commitment - Subject of Petition

In Denton v. Commonwealth, 383 S.W.2d 681, 682-83 (Ky. 1964), the Kentucky Supreme Court held that it was a violation of due process and equal protection (though the court was unclear as to which constitution it was invoking) to provide counsel to those criminally committed but not to those subject to civil commitment for mental health reasons where the proceeding may lead to a "loss of personal liberty."

Appointment of Counsel: categorical Qualified: no