Right to counsel
Legislation, Civil Commitment
Every respondent under the Commitment Procedures' Chapter of the North Dakota Century Code is entitled to legal counsel before commitment for mental illness. N.D. Cent. Code § 25-03.1-13. Counsel shall be appointed if an appearance by an attorney has not been entered within twenty-four hours of the filing of a petition for commitment and at the county's expense if the respondent is indigent.
More specifically, there is the right to counsel before involuntary commitment hearings and any court-ordered examination, especially if the person is indigent. N.D. Cent. Code § 25-03.1-09. Also, if such a person poses an immediate serious risk of harm to others, themselves, or property, they may be taken into custody, but must be advised of the right to counsel. § 25-03.1-25.
Furthermore, if an order of involuntary commitment is appealable, the court must notify the respondent of their right to counsel. N.D. Cent. Code § 25-03.1-29. See also § 25-03.1-31 (right to counsel in procedure to extend commitment).
Appointment of Counsel: categorical Qualified: no