Representation by counsel

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Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with this chapter, and they shall be informed by the Court of this right. The Court shall appoint counsel to represent the person. Whenever possible, counsel shall be appointed who has had experience in the intellectual disability area. Counsel appointed to represent persons 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.

(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; May 5, 2018, D.C. Law 22-93, § 201(c)(18), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1942.

1973 Ed., § 6-1669.

Section References

This section is referenced in § 7-1304.01.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” in the fourth sentence.

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.


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