Right to counsel

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Legislation, Involuntary Medical Treatment

Upon filing a petition for involuntary administration of psychotropic medication under Wis. Stat. Ann. § 55.14, “the court shall make a referral for appointment of legal counsel” as provided under Wis. Stat. Ann. § 55.105 (i.e., “as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency”).  Wis. Stat. Ann. § 55.14(7). 

 

During the annual review of involuntary administration of psychotropic medication, the guardian ad litem must orally notify the individual and his or her guardian of the individual’s right to appointment of counsel under § 55.19(3)(c).  Wis. Stat. Ann. § 55.19(2)(b)(2).  In addition, within 30 days after appointment, the guardian ad litem must file a written report with the court indicating whether the individual or the individual’s guardian requests or the guardian ad litem recommends that legal counsel be appointed for the individual.  Wis. Stat. Ann. § 55.19(2)(f)(3).  The court must refer the individual to legal counsel if:  (i) the court determines that legal counsel is necessary; or (ii) if the individual or the individual’s guardian or guardian ad litem so requests.  Wis. Stat. Ann. § 55.19(3)(c).

Appointment of Counsel: categorical Qualified: no