Right to counsel

Key_development Question_mark

Legislation, Civil Commitment

There is a right to counsel in civil commitment proceedings. Me. Rev. Stat. Ann. tit. 34-B, § 3864(5)(D) (2012). The Supreme Judicial Court of Maine has said that appointment of counsel under § 3864(5)(D) is mandatory, in the sense that the person subjected to commitment does not have the option of proceeding pro se. In re Penelope W., 19 A.3d 813 (Me. 2011).

Appointment of Counsel: categorical Qualified: no