Right to counsel

All persons alleged to be subject to "involuntary commitment under court order" to a mental health facility "shall be afforded" the opportunity to be represented by counsel under the Substance Abuse and Mental Health Act. Utah Code Ann. § 26B-5-332(14)(a) ("If neither the patient nor others provide counsel, the court shall appoint counsel and allow him sufficient time to consult with the patient prior to the hearing"); § 26B-5-337(3)(b)(iii) (providing right to counsel where patient moved to more restrictive environment). The statute adds that if such a person is indigent, the county where the patient resides or was found "shall" pay reasonable attorney fees as determined by the court.

As to the commitment of individuals with intellectual disabilities, the law also provides: 

Each individual has the right to be represented by counsel at the commitment hearing and in all preliminary proceedings. If neither the individual nor others provide counsel, the court shall appoint counsel and allow sufficient time for counsel to consult with the individual prior to any hearing.

Utah Code Ann. § 26B-6-608(10)(a).  And, if the individual cannot afford counsel, "the county in which the individual was physically located when taken into custody shall pay reasonable attorney fees as determined by the court." Id. at (b).