Right to counsel
Litigation, Civil Commitment
In Matter of Simons, 698 P.2d 850, 851 (Mont. 1985), the court considered a denial of counsel in a case involving involuntary civil commitment for mental health reasons. The Court noted the existence of a statutory right to counsel for such proceedings, then commented that, "[s]ection 53–21–115, MCA, gives a person against whom a petition for involuntary commitment has been filed all rights guaranteed by the constitutions of the United States and of the state of Montana, including . . . the right to counsel." The Court also held that the failure to provide an attorney "is a violation of both his statutory and constitutional rights of due process."
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.
Appointment of Counsel: categorical Qualified: yes