IN THE EVENT A MENTALLY ILL PERSON WITHOUT FUNDS OR OTHER RESOURCES IS FILED AGAINST, MAY THE COURT APPOINT COUNSEL AND ORDER THE COUNTY AUDITOR TO PAY FOR HIS SERVICES, IF REQUESTED, AS IN...

IN THE EVENT A MENTALLY ILL PERSON WITHOUT FUNDS OR OTHER RESOURCES IS FILED AGAINST, MAY THE COURT APPOINT COUNSEL AND ORDER THE COUNTY AUDITOR TO PAY FOR HIS SERVICES, IF REQUESTED, AS IN CRIMINAL CASES?

A person filed against may be represented by an attorney, but there is no authority to appoint one and charge the county for payment of his services.

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                                                                 January 15, 1952

Mr. Tom A. Durham
Prosecuting Attorney
Whatcom County Court House
311 Grand Avenue
Bellingham, Washington                                                                                              Cite as:  AGO 51-53 No. 212

Dear Sir:

            This is to acknowledge your recent letter in which you stated:

            "Section 22, Chapter 139 of the 1951 Session Laws, provides that any mentally ill person filed against shall have the right to be represented by an attorney, if requested.

            "In the event that such person is without funds or other resources, may the Court appoint counsel and order the county auditor to pay for his services, as in criminal cases?"

            Our conclusion is that a person filed against may be represented by an attorney, but that there is no authority to appoint one and charge the county for payment of his services.

             [[Orig. Op. Page 2]]                       ANALYSIS

            Section 22 of chapter 139, Laws of 1951, provides:

            "If no guardian of the person has been appointed, the court may appoint a guardianad litem to represent the patient during proceedings.  The person filed against shall have the right to be represented by an attorney if requested."

            Rem. Supp. 1949, section 6953-11, formerly provided:

            "The alleged mentally ill person shall be present at any hearing, and if he has no attorney, the Judge must appoint an attorney to represent him.  Or, if a request is made for an attorney by the alleged mentally ill person or by anyone on his behalf, the Judge shall appoint an attorney to represent him, expenses to be paid by the county if the person is indigent."

            Rem. Supp. 1949, section 6953-11 above, was repealed by section 69, chapter 139, Laws of 1951. When chapter 139, Laws of 1951 was adopted, no provision was made therein for appointment of an attorney and payment of his expenses, as formerly was provided in the above quoted statute of the Laws of 1949.  Since the power to appoint and charge the county for the attorney's services was not inserted in chapter 139, Laws of 1951, in our view, this authority no longer exists.

Very truly yours,

SMITH TROY
Attorney General

ROBERT L. SIMPSON
Assistant Attorney General