Discretionary appointment of counsel

Key_development Question_mark

Legislation, All Basic Human Needs

In Opinion Request OP 1998-7, the Oregon Attorney General stated:


Historically, the appointment of qualified legal counsel has been sufficient to assist individuals in understanding and participating in the judicial proceedings. Counsel serves the function of advising clients about the judicial process. ... Because of the significant role of attorneys in advising clients with mental impairments about judicial proceedings as well as the legal and ethical obligations on attorneys who represent impaired clients, appointment of counsel (at no cost to the unrepresented party) may provide 'other effective means of communication' ... or an appropriate 'modification of policies and procedures' in cases where the mentally impaired party does not appear to be able to understand the judicial proceedings.


Appointment of Counsel: discretionary Qualified: yes