Right to Counsel

Generally

The civil commitment of an individual may be sought where the “petitioner has reason to believe that the respondent is mentally ill”. Ala. Code § 22-52-1.2(a)(3).  In 2024, Alabama enacted SB 240, which expanded this provision to specify that involuntary commitment may also be sought upon belief that the respondent “is mentally ill with a secondary diagnosis of co-occurring substance use disorder”, id., defined as “[a] substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses.” Ala. Code § 22-52-1.1(a)(2).

According to Ala. Code § 22-52-4(a), a respondent has the right to court-appointed counsel in involuntary medical treatment matters if they are unable to afford counsel or if they lack the capacity to secure an attorney:

At the time when any petition has been filed seeking the involuntary commitment of a respondent, the probate judge . . . shall determine if the respondent has the funds with which to employ an attorney to represent the respondent and if the respondent has the mental ability to secure the services of an attorney. If the respondent does not have funds with which to employ an attorney or does not have the mental ability to secure the services of an attorney, the probate judge shall appoint an attorney, who may be the same person as the guardian ad litem, to represent the respondent. The probate judge shall immediately inform the attorney so appointed of his appointment.

In Alabama, “involuntary commitment” is defined as “[c]ourt ordered mental health services in either an outpatient or inpatient setting,” Ala. Code § 22-52-1.1(6), so this provision applies to both civil commitment and involuntary medical treatment matters.

In matters related to petitions for renewal of outpatient commitment orders, respondents have the right to an attorney ad litem. Ala. Code § 22-52-10.10(g) (for petition for renewal of outpatient commitment order, judge “shall appoint an attorney to serve as guardian ad litem to represent and to protect the rights of the respondent”).

Another statute specifies that the judge “shall appoint an attorney to serve as the advocate in support of the petition to commit in all matters regarding a petition to commit.” Ala. Code § 22-52-5.

As to substance use

No such proceeding.

In regards to substance abuse, Alabama has no statutorily authorized involuntary treatment for substance abuse alone.  However, as noted above, involuntary treatment can be sought for substance abuse if it co-occurs alongside a “mental illness.”  And the state does have a criminal pre-trial diversion program that allows for substance abuse treatment. See Ala. Code § 12-23A-3.  But this functions only in conjunction with a criminal proceeding. See id. § 12-23A-4.

As to minors

No such proceeding.

Although minors have the right to counsel in involuntary commitment proceedings, Ala. Code § 12-15-405(b), there is seemingly no proceeding to compel a minor to participate in involuntary treatment on an outpatient basis.  Unlike the provision applicable to adults, “involuntary commitment” in the juvenile code refers only to the inpatient setting.