36-537. Powers and duties of counsel
A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient’s attorney copies of the petition for evaluation, the prepetition screening report, the evaluation report, the patient’s medical records for the current admission and a list of alternatives to court-ordered treatment that are used in similar cases with an explanation of why they are not appropriate or available.
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.