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.)
1981 Ed., § 6-1942.
1973 Ed., § 6-1669.
This section is referenced in § 7-1304.01.
The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” in the fourth sentence.
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 13 - Citizens with Intellectual Disabilities
Subchapter IV - Hearing and Review Procedures
§ 7–1304.01. Commencement of commitment proceedings; filing of written petition
§ 7–1304.02. Representation by counsel
§ 7–1304.04. Payment for independent comprehensive evaluation and habilitation plan. [Repealed]
§ 7–1304.05. Hearing conducted promptly
§ 7–1304.06. Hearings conducted in informal manner; procedural rights at hearing
§ 7–1304.06a. Hearing and determination by Court or jury
§ 7–1304.07. Standard of proof
§ 7–1304.08. Hearings closed to public; request for open hearing
§ 7–1304.09. Disposition orders by Court. [Repealed]
§ 7–1304.10. Appeal of commitment order
§ 7–1304.11. Periodic review of commitment order
§ 7–1304.12. Payment of costs and expenses
§ 7–1304.13. Advocate for a person with an intellectual disability