Right to counsel

Missouri , Legislation , Civil Commitment

While § 632.335(2)(1) only speaks of the right in psychiatric treatment commitment proceedings to be “represented by an attorney,” § 632.415 adds that the court must “maintain a current register of attorneys who have agreed to be appointed to represent respondents against whom proceedings have been instituted,” and that “[i]f the judge finds that the respondent is unable to pay attorney’s fees, the judge shall allow a reasonable attorney’s fee …, which fee shall be assessed as costs and paid . . . . by the state.” See also § 632.325(4) (respondent must be advised that “An attorney has been appointed who will represent [the respondent] before and after the hearing …”)

Involuntary commitment for drug and alcohol abuse rehabilitation is accompanied by a similar right to counsel. See § 631.135(4) (“The personnel of the alcohol or drug abuse facility . . . shall advise the respondent that . . . [a]n attorney has been appointed who will represent him before and after the hearing [to determine whether his detention will continue.]”)

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.