Right to counsel - involuntary outpatient treatment
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Legislation, Involuntary Medical Treatment (incomplete)
In cases of involuntary outpatient treatment for individuals suffering from a mental health problem, mental illness, drug addition or alcoholism, the court will appoint counsel for indigent individuals who desire representation. Haw. Rev. Stat. §§ 334-125 (involuntary outpatient services), 334-126 (assisted community treatment).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
