Right to counsel

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Legislation, Civil Commitment - Subject of Petition

While § 632.335(2)(1) only speaks of the right in commitment proceedings to be "represented by an attorney," § 632.415 adds that the court must "maintain a current register of attorneys who have agreed to be appointed to represent respondents against whom involuntary civil detention proceedings have been instituted in such county," and that "[i]f the judge finds that the respondent is unable to pay attorney's fees for the services rendered in the proceedings, the judge shall allow a reasonable attorney's fee for the services, which fee shall be assessed as costs and paid together with all other costs in the proceeding by the state . . . ." See also § 632.325 (respondent must be advised that "An attorney has been appointed who will represent him before and after the hearing and who will be notified as soon as possible ...") 

 

Involuntary commitment for drug and alcohol abuse rehabilitation is accompanied by a similar right to counsel. See § 631.135 ("The personnel of the alcohol or drug abuse facility . . . shall advise the respondent that . . . [a]n attorney has been appointed who will represent him before and after the hearing [to determine whether his detention will continue.]")

Appointment of Counsel: categorical Qualified: no