Right to counsel - quarantine and sterilization

Key_development Question_mark

Legislation, Quarantine/Sterilization/Innoculation

N.J. Stat. § 30:4-24 states that "The provisions of Title 30 of the Revised Statutes shall govern the admission and commitment of persons with ... tuberculosis ...", and N.J. Stat. Ann. § 30:4-27.14 and N. J. Stat. Ann. § 30:4-27.11(c) provide a right to counsel for long and short-term confinements, respectively. The short-term confinement statute specifies that the appointed attorney shall be "paid for by the appropriate government agency."   The patient also has the "right to counsel" (it does not specifically say appointed counsel) in all placement review proceedings. N.J. R. 4:74-7(h)(2).

Patients have a right to counsel at any proceeding relating to subjecting the patient to "experimental research, shock treatment, psychosurgery or sterilization." N. J. Stat. Ann. § 30:4-24.2(d)(2). The statute adds that if a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing, and the appointed attorney shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the patient was admitted.

Appointment of Counsel: categorical Qualified: no