Right to counsel

New Jersey , Legislation , Involuntary Medical Treatment (incomplete)

There is a right to counsel for developmentally disabled individuals subject to certain kinds of treatment at a facility, such as shock therapy or administration of medicine. N.J. Stat. § 30:6D-5 (“In the event that a person cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing. An attorney so appointed shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the person was admitted.”)

Additionally, patients have a right to counsel at any proceeding relating to subjecting the patient to “experimental research, shock treatment, [or] psychosurgery …” N. J. Stat. Ann. § 30:4-24.2(d)(2). The statute adds that if a patient cannot afford counsel, the court shall appoint an attorney not less than 10 days before the hearing, and the appointed attorney shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the patient was admitted.

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.