Right to counsel

Litigation, Civil Commitment - Subject of Petition

An appellate court held in State v. Collman, 9 Or.App. 476, 483 (Ct. App. 1972), that Fourteenth Amendment due process required appointed counsel prior to any mental health commitment. The court relied on the U.S. Supreme Court's decision in In Re Gault, 387 U.S. 1 (1967), as well as a number of federal court decisions and the fact that "involuntary incarceration" was at stake.

Appointment of Counsel: categorical Qualified: yes