Right to counsel

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Legislation, Civil Commitment - Subject of Petition

Ohio statutes also provide for appointed counsel for an indigent person who is involuntarily detained on mental health grounds. Ohio Rev. Code Ann. § 5122.05(C) states that:

 

(C) Any person who is involuntarily detained in a hospital or otherwise is in custody under this chapter, immediately upon being taken into custody, shall be informed and provided with a written statement that the person may do any of the following:…(2) Retain counsel and have independent expert evaluation of the person's mental condition and, if the person is unable to obtain an attorney or independent expert evaluation, be represented by court-appointed counsel or have independent expert evaluation of the person's mental condition, or both, at public expense if the person is indigent;

 

Similarly, Ohio Rev. Code Ann. § 5123.71(B) states that "[a]ny person who is involuntarily detained in an institution or otherwise is in custody under this chapter shall be informed of the right to … [r]etain counsel and have independent expert evaluation and, if the person is an indigent person, be represented by court-appointed counsel and have independent expert evaluation at court expense." 

 

See also R.C. § 5122.15:

 

(3) If the respondent is not represented by counsel, is absent from the hearing, and has not validly waived the right to counsel, the court shall appoint counsel immediately to represent the respondent at the hearing, reserving the right to tax costs of appointed counsel to the respondent, unless it is shown that the respondent is indigent. If the court appoints counsel, or if the court determines that the evidence relevant to the respondent's absence does not justify the absence, the court shall continue the case.

 

(4) The respondent shall be informed that the respondent may retain counsel and have independent expert evaluation. If the respondent is unable to obtain an attorney, the respondent shall be represented by court-appointed counsel. If the respondent is indigent, court-appointed counsel and independent expert evaluation shall be provided as an expense under section 5122.43 of the Revised Code.

Appointment of Counsel: categorical Qualified: no