Right to counsel

Maine , Legislation , Civil Commitment

There is a right to counsel in civil commitment proceedings. Me. Rev. Stat. Ann. tit. 34-B, § 3864(5)(D) (2012). The Supreme Judicial Court of Maine has said that appointment of counsel under § 3864(5)(D) is mandatory, in the sense that the person subjected to commitment does not have the option of proceeding pro se. In re Penelope W., 19 A.3d 813 (Me. 2011).

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.