Right to counsel

Key_development Question_mark

Legislation, Civil Commitment - Subject of Petition

While § 632.335(2)(1) only speaks of the right in psychiatric treatment 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 proceedings have been instituted," and that “[i]f the judge finds that the respondent is unable to pay attorney's fees, the judge shall allow a reasonable attorney's fee ..., which fee shall be assessed as costs and paid . . . . by the state.” See also § 632.325(4) (respondent must be advised that "An attorney has been appointed who will represent [the respondent] before and after the hearing ...") 

 

Involuntary commitment for drug and alcohol abuse rehabilitation is accompanied by a similar right to counsel. See § 631.135(4) ("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