Right to counsel

Idaho , Litigation , Civil Commitment

In True v. State Department of Health and Welfare, the plaintiff, who was challenging the constitutionality of her rehospitalization, claimed that her due process rights were violated during the hospitalization hearing. 645 P.2d 891 (Idaho 1982).  The Supreme Court of Idaho ruled in her favor, requiring more due process safeguards prior to her re-hospitalization, and specifically held that at the rehospitalization hearing, “the patient is to be afforded the right to counsel.” Id. at 903.

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.