Right to counsel
Florida, Litigation, Civil Commitment
In In re Beverly, 342 So. 2d 481, 489 (Fla. 1977), the Supreme Court of Florida has held that “The subject of an involuntary civil commitment proceeding has the right to the effective assistance of counsel at all significant stages of the commitment process.” The court relied on Lynch v. Baxley, 386 F.Supp. 378 (M.D.Ala.1974), which in turn relied on Heryford v. Parker, 396 F.2d 393, 396 (10th Cir. 1968), a case that more clearly grounded its holding in the Due Process Clause. Moreover, in Beaulieu v. Dep’t of Human Services, 798 N.W.2d 542 (Minn. App. 2011), the court cited to Beverly as one of the few decisions to recognize a constitutional right to counsel in civil commitment cases.
Appointment of Counsel: Yes
Qualified: No
