Discretionary appointment of counsel

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Legislation, Involuntary Medical Treatment

N.C. Gen. Stat. § 122C-267(d) specifies that

 

At the hearing to determine the necessity and appropriateness of outpatient commitment, the respondent need not, but may, be represented by counsel. However, if the court determines that the legal or factual issues raised are of such complexity that the assistance of counsel is necessary for an adequate presentation of the merits or that the respondent is unable to speak for himself, the court may continue the case for not more than five days and order the appointment of counsel for an indigent respondent.  Appointment of counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services.

 

Additionally, NC Gen. Stat. § 7A-451.1 provides that the State shall pay counsel fees for persons appointed under § 122C-267(d) to represent an individual regarding outpatient treatment.

Cite: N.C. Gen. Stat. ยง 122C-267(d)

Appointment of Counsel: discretionary Qualified: no