125.78  Procedure after application.

As soon as practical after the filing of an application for involuntary commitment or treatment, the court shall:

1.  Determine whether the respondent has an attorney who is able and willing to represent the respondent in the commitment proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting an attorney. In accordance with those determinations, the court shall allow the respondent to select an attorney or shall assign an attorney to the respondent. If the respondent is financially unable to pay an attorney, the attorney shall be compensated in substantially the same manner as provided by section 815.7, except that if the county has a public defender, the court may assign the public defender or an attorney on the public defender's staff as the respondent's attorney.

2.  If the application includes a request for a court-appointed attorney for the applicant and the court is satisfied that a court-appointed attorney is necessary to assist the applicant in a meaningful presentation of the evidence, and that the applicant is financially unable to employ an attorney, the court shall appoint an attorney to represent the applicant. The attorney shall be compensated in substantially the same manner as provided by section 815.7.

3.  Issue a written order:

a.  Scheduling a tentative time and place for a hearing, subject to the findings of the report required under section 125.80, subsections 3 and 4, but not less than forty-eight hours after notice to the respondent, unless the respondent waives the forty-eight-hour notice requirement.

b.  Requiring an examination of the respondent, prior to the hearing, by one or more licensed physicians who shall submit a written report of the examination to the court as required by section 125.80.

Section History: Early form

  [C75, 77, § 125.19(1, 2); C79, 81, § 229.51(2, 3), 229.52(6); 82 Acts, ch 1212, § 6]

Section History: Recent form

  84 Acts, ch 1219, § 5

Internal References

  Referred to in § 125.79, 125.85, 125.91, 229.21

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