Representation by counsel.
Individuals whose admission to a facility under § 7-1303.02 has been questioned on grounds of their competency or the voluntariness of the admission, have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with § 7-1303.02(c), and they shall be informed by the Court of this right. Respondents shall be represented by counsel in any proceeding before the Court, and shall be so informed by the Court. If an individual whose admission is questioned requests the appointment of counsel or if a respondent fails or refuses to obtain counsel, the Court shall appoint counsel to represent the individual or respondent. Whenever possible, counsel shall be appointed who has had experience in the intellectual disability area. Counsel appointed to represent respondents, and counsel appointed to represent individuals whose admission has been questioned but who are unable to pay for such counsel, shall be awarded compensation by the Court for his or her services in an amount determined by the Court to be fair and reasonable.
Annotations
Mar. 3, 1979, D.C. Law 2-137, § 402, 25 DCR 5094 Sept. 26, 2012, D.C. Law 19-169, § 17(s), 59 DCR 5567 Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” in the fourth sentence. 1973 Ed., § 6-1669. 1981 Ed., § 6-1942. This section is referenced in § 7-1304.01.
Sourced from the DC Council Open Law Library (public domain).
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