Right to counsel

Key_development Question_mark

Legislation, Quarantine/Inoculation

The procedure for the continued quarantine of a person with a communicable disease requires that notice be provided stating that the quarantined individual has the right to counsel, including appointed counsel if indigent. N .D. Cent. Code § 23-07.6-03.

 

When someone known to have HIV is a danger to the public health, a state health officer may issue an order requiring that person to: be examined; report to a qualified doctor or health worker for counseling on the disease; or "cease and desist from specified conduct that endangers the health of others." N.D. Cent. Code § 23-07.4-01. The person subject to that order is "entitled to representation by legal counsel during any hearing to review the issuance of the order", but it is not clear whether this includes the right to appointed counsel if indigent. These same rights exist if the procedures under § 23- 07.4-01 are exhausted and the court orders that the individual be taken into custody. § 23-07.4-02.

Appointment of Counsel: categorical Qualified: no