Right to counsel

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Litigation, Civil Commitment

In True v. State Department of Health and Welfare, the plaintiff, who was challenging the constitutionality of her rehospitalization, claimed that her due process rights were violated during the hospitalization hearing. 645 P.2d 891 (Idaho 1982).  The Supreme Court of Idaho ruled in her favor, requiring more due process safeguards prior to her re-hospitalization, and specifically held that at the rehospitalization hearing, "the patient is to be afforded the right to counsel." Id. at 903.

Appointment of Counsel: categorical Qualified: no