Right to counsel

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Legislation, Quarantine/Inoculation

People who pose a health threat to the general public and who might be confined have a right to counsel at a hearing regarding a petition addressing the threat. Notice of the hearing must include notification of this right to counsel, including the right of the indigent to appointed counsel designated by the court or county of venue. Minn. Stat. § 144.4176, subd. 2(4). Specifically, when the notice addresses an emergency hearing for detention of this type of person, it must contain a statement of that person's right to counsel and, if indigent, the right to appointed counsel designated by the court or county of venue. Minn. Stat. § 144.4183, subd. 2(5).

 

When an order authorizing isolation or quarantine is at issue, it must state that the person being isolated or quarantined has the right to counsel in any proceeding related to the isolation or quarantine, and the state must provide counsel immediately to each person who is isolated or quarantined at the expense of the Department of Health or of a local public health board. Minn. Stat. § 144.4195, subd. 5(b).

 

If the health commissioner petitions the court to enforce a health order related to tuberculosis, the preliminary hearing's notice must contain notification of "the right of the carrier to . . . court-appointed counsel during any [relevant] proceeding". Minn. Stat. § 144.4809, subd. 3(2).

 

Minn. Stat. § 144.7407, subd. 2 provides that a petition may be filed by an emergency medical services person to require a source individual to provide a blood sample for testing for blood-borne pathogens. This petition must include a statement of that person's right to counsel in any such non-consensual proceeding. Minn. Stat. § 144.7407, subd. 2(e). 

Appointment of Counsel: categorical Qualified: no