§ 21–543. Representation by counsel; compensation; recess.

(a) The person alleged to be mentally ill and, because of the mental illness, likely to injure himself or others shall be represented by counsel in any proceeding before the Commission or the court, and if he fails or refuses to obtain counsel, the court shall appoint counsel to represent him. The counsel so appointed shall be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. The compensation shall be charged against the estate of the individual for whom the counsel was appointed, or against any unobligated funds of the Commission, as the court in its discretion directs. The Commission or the court, as the case may be, shall, at the request of the counsel so appointed, grant a recess in the proceeding to give the counsel an opportunity to prepare his case.

(b) The Commission may not grant a continuance for counsel to prepare his case for more than 5 days. The Commission may grant continuances for good cause shown for periods of up to 14 days. If the Commission grants a continuance, the emergency observation and detention of the person about whom the hearing is being held shall be extended for the duration of the continuance.

(Sept. 14, 1965, 79 Stat. 755, Pub. L. 89-183, § 1; April 4, 2003, D.C. Law 14-283, § 2(r)(1), (2), 50 DCR 917; Dec. 10, 2004, 118 Stat. 3474, Pub. L. 108-450, § 5.)

Prior Codifications

1981 Ed., § 21-543.

1973 Ed., § 21-543.

Section References

This section is referenced in § 21-526 and § 21-545.01.

Effect of Amendments

D.C. Law 14-283 designated the existing text as subsection (a); and in the newly designated subsec. (a), substituted “person alleged to be mentally ill and, because of the mental illness, likely to injure himself or others” for “alleged mentally ill person”.

Pub. L. 108-450, deleted the last sentence in subsec. (a); and added subsec. (b). The last sentence of subsec. (a) had read as follows: “A recess may not be granted for more than five days.”

Emergency Legislation

For temporary (90 day) addition of applicability provision of § 2(d), (k)(2), (m), (q)(3) and (4), (s), and (t) of D.C. Law 14-265, see § 4 of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(q) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(q) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section applicable upon the enactment of certain legislation by the United States Congress, see §§ 2(r) and 3 of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see §§ 2(r) and (3) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Temporary Legislation

Section 2(q) of D.C. Law 14-131 designated the existing text as subsec. (a); substituted “person alleged to be mentally ill and, because of the mental illness, likely to injure himself or others” for “alleged mentally ill person”; deleted the last sentence; and added subsec. (b) to read as follows:

“(b) The Commission may not grant a recess for counsel to prepare his case for more than 5 days. The Commission may, with the consent of the parties, grant a recess for good cause shown for a period of up to 14 days. If the Commission grants a continuance, the Commission also may authorize the extension of the emergency observation and detention of the person about whom the hearing is being held for the duration of the continuance.” For applicability of § 2(q)(3) and (4) of D.C. Law 14-131, see note following § 21-502.

Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

For applicability of D.C. Law 14-131, see note following § 21-502.

Applicability of §§ 2(d), (e), (l)(2), (n), (r)(3) and (4), (t), and (u) of Law 14-283: Section 3 of Law 14-283 provided that section 2(d), (e), (l)(2), (n), (r)(3) and (4), (t), and (u) shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 2(d), (e), (l)(2), (r)(3) and (4), (t), and (u) of the Mental Health Civil Commitment Act of 2002, adopted by the Council of the District of Columbia, is enacted into law.”