25-03.1-13. Right to counsel - Indigency - Waiver - Recoupment - Limitations.
264 words·~1 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Every respondent under this chapter is entitled to legal counsel. The counsel has
access to the respondent's medical records upon proof of representation.
2. Unless an appearance has been entered on behalf of the respondent, the court shall,
within twenty-four hours, exclusive of weekends or holidays, from the time the petition
was filed, appoint counsel to represent the respondent. If a respondent retains
counsel, the retained counsel shall immediately notify the court of that fact.
3. If, after consultation with counsel, the respondent wants to waive the right to counsel
or the right to any of the hearings provided for under this chapter, the respondent may
do so by notifying the court in writing. The notification must clearly state the
respondent's reasons for the waiver and must also be signed by counsel.
4. If the court determines that the respondent is indigent, the court shall order that
appointed counsel be compensated from county funds of the county that is the
respondent's place of residence in a reasonable amount based upon time and
expenses. After notice and hearing, the court may order a respondent with appointed
counsel to reimburse the county for expenditures made on the respondent's behalf.
5. If the state's attorney of a county that has expended sums under subsection 4 on
behalf of a respondent who is liable to reimburse the county determines that the
respondent may have funds or property to reimburse the county, the state's attorney
shall seek civil recovery of those sums. Commencement of the action must occur
within six years after the date the sums were paid.