Right to counsel

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Legislation, Civil Commitment - Subject of Petition

Arizona law provides that a "person detained under emergency detention" "shall be advised that if he cannot employ an attorney, the court will appoint one for him. The person shall be advised that if a petition for evaluation is filed, the court will appoint the person an attorney to consult with and, if he cannot employ his own counsel, to represent him." Ariz. Rev. Stat. Ann. §36-528(D). Moreover, the court "shall promptly appoint counsel for the proposed patient" when a patient is taken into custody for evaluation. Ariz. Rev. Stat. Ann. § 36-529(B). "If the person is involuntarily hospitalized, the person shall be informed by his appointed attorney of his rights to a hearing to determine whether he should be involuntarily hospitalized for evaluation and to be represented at the hearing by an attorney." Ariz. Rev. Stat. Ann. § 36-529(D). See also Ariz. Rev. Stat. §§ 36-535 (court shall appoint counsel for proposed patient if one has not previously been appointed in connection with detention hearing), 36-537 ("If the attorney is appointed, he shall also explain that the patient can obtain his own counsel at his own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.")

Appointment of Counsel: categorical Qualified: no