Appointment and Role of Counsel

(a) Appointment by the Committing Court. Immediately upon the filing of a petition for commitment or early intervention the court shall appoint a qualified attorney to represent the respondent at public expense at any subsequent proceeding under Minnesota Statutes, chapter 253B or 253D . An attorney shall represent the respondent until the court dismisses the petition or the respondent is discharged from commitment, and the conclusion of any related appeal. (b) Private Counsel. The respondent may employ private counsel at the respondent's expense. If private counsel is employed, the court shall discharge the appointed attorney. (c) Withdrawal. In order to withdraw, counsel must file a motion and obtain the appointing court's approval. Upon approval of withdrawal, the court shall appoint substitute counsel for respondent. (d) Duty of Counsel. Counsel for the respondent is not required to file an appeal, commence any proceeding, or advance a position asserted in a filing made by the respondent under Minnesota Statutes, chapter 253B or 253D , if, in the opinion of counsel, there is an insufficient basis for proceeding. (Amended effective September 18, 2013; amended effective October 1, 2016.)