Court Appointed Attorney Duties in Mental Health Cases

Forms

Duties

Ct Appt Atty Duties ARS 14-5312.01(D).

 Within forty-eight hours after placement of the ward pursuant to this section, the guardian shall give notice of this action to the ward's attorney. When the attorney receives this notice the attorney shall assess the appropriateness of the placement pursuant to section 36-537, subsection B and section 36-546, subsection H. If requested by the attorney, the court shall hold a hearing on the appropriateness of the placement within three days after receiving that request.

 ARS 36-537, subsection B provides:

 B. The patient's attorney, for all hearings, whether for evaluation or treatment, shall fulfill the following minimal duties:

1. Within twenty-four hours of appointment, conduct an interview of the patient. The attorney shall explain to the patient the patient's rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment, the alternative of becoming a voluntary patient and whether stipulations at the hearing are appropriate. If the attorney is appointed, the attorney also shall explain that the patient can obtain the patient's own counsel at the patient's own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.

2. At least twenty-four hours before the hearing, review the petition for evaluation, prepetition screening report, evaluation report, petition for treatment, the patient's medical records and the list of alternatives to court-ordered treatment.

 3. At least twenty-four hours before the hearing, interview the petitioner, if available, and the petitioner's supporting witnesses, if known and available.

 4. At least twenty-four hours before the hearing, interview the physicians or the psychiatric and mental health nurse practitioner who will testify at the hearing, if available, and investigate the possibility of alternatives to court-ordered treatment.

 C. Failure of the attorney to fulfill at least the duties prescribed by subsection B may be punished as contempt of court.

D. At a hearing held pursuant to this article, the patient's attorney may enter stipulations on behalf of the patient.

 ARS 36-546, subsection H provides:

H. The patient's attorney shall fulfill all of the following minimal duties:

 1. Within twenty-four hours of appointment, conduct an interview with the patient.

 2. At least twenty-four hours before the hearing, interview the patient's treatment physician or psychiatric and mental health nurse practitioner if available.

 3. Before the hearing, examine the clinical record of the patient.

4. Before the hearing, examine the patient's court records as to the patient's involuntary treatment.

 I. An attorney who does not fulfill the duties prescribed by subsection H of this section is subject to contempt of court.