Right to counsel

North Dakota , Legislation , Sexually Dangerous Persons - Commitment

Before commitment under N.D. Cent. Code § 25-03.3-09, a sexually dangerous individual is entitled to legal counsel who shall be appointed if an appearance by an attorney has not been entered within twenty-fours hours of the filing of a petition. If that respondent is indigent, then the respondent is appointed counsel according to written notice from the state’s attorney of their right to a preliminary hearing and a commitment hearing. N.D. Cent. Code § 25-03.3-10. Also, if an appealable order is entered, then the court must notify the respondent of the right to appeal and right to counsel. N.D. Cent. Code § 25-03.3-19.

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.