Right to counsel

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Legislation, Civil Commitment - Subject of Petition

Oklahoma's mental health laws guarantee a person alleged to require involuntary commitment for treatment with a right to court-appointed counsel if they are found to be indigent. Okla. Stat. tit. 43A, § 5-411(A)(2) provides that "An individual alleged to be a person requiring treatment shall have the following rights: . . . The right to counsel, including court-appointed counsel, and if the person has no counsel, that the court shall appoint an attorney to represent the person at no cost if the person is an indigent person and cannot afford an attorney."  The person alleged to require treatment also has a right to notice of their ability to obtain a court-appointed attorney. Okla. Stat. tit. 43A, § 5-412(B)(5). Further, the person alleged to require treatment can obtain their own counsel or replace the court-appointed counsel, and if the person files an affidavit that they are indigent, the attorney's fees will be paid from the court fund, subject to limits set by the court. Okla. Stat. tit. 43A, § 5-411(D)(2)-(3). 

Appointment of Counsel: categorical Qualified: no