(a)
(1) It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas.
(2) The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services.
(b) Such representation shall be a part of the official duties of the prosecuting attorney or of the Prosecutor Coordinator, and the prosecuting attorney and the Prosecutor Coordinator shall be immune from civil liability in the performance of this official duty.
(c) Nothing in this section shall prevent the petitioner from retaining his or her own counsel in these proceedings, in which case the prosecuting attorney or the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.
Structure Arkansas Code
Title 20 - Public Health and Welfare
Chapter 47 - Treatment of Persons With Mental Illness
Subchapter 2 - Commitment and Treatment
§ 20-47-204. Voluntary admissions
§ 20-47-205. Jurisdiction of circuit court
§ 20-47-207. Involuntary admission — Original petition
§ 20-47-208. Role of prosecuting attorney
§ 20-47-209. Initial hearing — Failure to appear — Exceptions from appearance requirement
§ 20-47-210. Immediate confinement — Initial evaluation and treatment
§ 20-47-211. Notification of rights
§ 20-47-212. Appointment of counsel
§ 20-47-213. Evaluation — When performed and by whom — Transportation to place of evaluation
§ 20-47-214. Forty-five-day involuntary admission — Hearing
§ 20-47-215. Additional periods of involuntary admission — Petitions — Hearing
§ 20-47-220. Fundamental rights
§ 20-47-221. Patient or client advocate
§ 20-47-222. Transfer and admission of residents who become ill in another state
§ 20-47-223. Admission not adjudication of incapacity
§ 20-47-224. Conversion from involuntary to voluntary status
§ 20-47-225. Liability for charges
§ 20-47-227. Exclusion from liability
§ 20-47-228. Assurance of compliance