Right to counsel

NOTE: this is a very complex area of law, especially as it relates to stay-at-home orders issued by the states.  Please read our primer on quarantine/isolation law before reading this specific state law.

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The director of health for any town, city, borough, or district “…may order any person isolated or quarantined whom such director has reasonable grounds to believe to be infected with a communicable disease or to be contaminated, if such director determines such person poses a substantial threat to the public health and isolation or quarantine is necessary to protect or preserve the public health…”  Conn. Gen. Stat. § 19a-221(a).  

The director’s order must be in writing and “…shall also inform the person isolated or quarantined that such person has the right to consult an attorney, the right to a hearing under this section, and that if such a hearing is requested, he has the right to be represented by counsel, and that counsel will be provided at the state’s expense if he is unable to pay for such counsel.”  Conn. Gen. Stat. § 19a-221(b)(2).  If a hearing is requested, notice of the hearing shall inform the respondent of their “…right to counsel; that the respondent, if indigent or otherwise unable to pay for or obtain counsel, has a right to have counsel appointed to represent the respondent…”  Conn. Gen. Stat. § 19a-221(f).

If the Governor has declared a public health emergency, the Commissioner of Public Health “…may order into quarantine or isolation, as appropriate, any individual, group of individuals or individuals present within a geographic area whom the commissioner has reasonable grounds to believe to be infected with, or exposed to, a communicable disease or to be contaminated or exposed to contamination or at reasonable risk of having a communicable disease or being contaminated or passing such communicable disease or contamination to other persons…”  Conn. Gen. Stat. §19a-131b(a).  An order for quarantine or isolation during a public health emergency may be applied to an individual, individuals or affected geographic area.  Conn. Gen. Stat. §19a-131b(c)(1).  

An order for quarantine or isolation issued during a public health emergency shall “…inform the individuals quarantined or isolated that they have the right to consult an attorney, the right to a hearing pursuant to this section, clear instructions on how to request a hearing, and that if such a hearing is requested, such individual has the right to be represented by counsel, that counsel will be provided at the state’s expense if such individual is unable to pay for such counsel, and that if such a hearing is requested, court fees shall be waived.”  Conn. Gen. Stat. § 19a-131b(d).  If a hearing is requested, notice of the hearing will also inform the respondent(s) of their right to counsel.  Conn. Gen. Stat. § 19a-131b(g). 

If the Governor has declared a public health emergency, the Commissioner of Public Health may “…issue an order for the vaccination of such individuals or individuals present within a geographic area as the commissioner deems reasonable and necessary in order to prevent the introduction or arrest the progress of the communicable disease or contamination that caused the declaration of such public health emergency.”  Conn. Gen. Stat. § 19a-131e(a).  A person subject to an order of vaccination may appeal to the probate court, has a right to counsel in such a hearing, and if “…indigent or otherwise unable to pay for or obtain counsel, has a right to have counsel appointed…”  Conn. Gen. Stat. § 19a-131e(d).

A person with active tuberculosis, subject to emergency commitment, also has a right to counsel. Conn. Gen. Stat. § 19a-265(h)(2).