Right to counsel

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Legislation, Sexually Dangerous Persons - Commitment

Before commitment under N.D. Cent. Code § 25-03.3-09, a sexually dangerous individual is entitled to legal counsel who shall be appointed if an appearance by an attorney has not been entered within twenty-fours hours of the filing of a petition. If that respondent is indigent, then the respondent is appointed counsel according to written notice from the state's attorney of their right to a preliminary hearing and a commitment hearing. N.D. Cent. Code § 25-03.3-10. Also, if an appealable order is entered, then the court must notify the respondent of the right to appeal and right to counsel. N.D. Cent. Code § 25-03.3-19.

Appointment of Counsel: categorical Qualified: no