Right to counsel
The Arizona Supreme Court has found that an involuntary commitment proceeding on the grounds of mental illness can result in “a serious deprivation of liberty.” In re Coconino County No. MH 1425, 889 P.2d 1088, 1091 (Ariz. 1995). Several appellate courts have relied on this holding to find that a proposed patient must be afforded due process protection as provided in the U.S. Constitution, and while these cases did not address specifically the due process right to appointed counsel, the appellate court in In re Jesse M., 170 P.3d 683, 685 (Ariz. Ct. App. 2007) noted that “Arizona has long provided the right to counsel for a person facing an involuntary commitment”, and that by doing so (among other things), “Arizona’s legislative scheme fulfills the due process requirements.”
