Rule 12 General provisions

(a) Appointment of counsel. (1) Right to counsel. Any person who is involuntarily hospitalized or the subject of any petition filed pursuant to D.C. Code §§ 21-501 - 592 (2004 Supp.) or § 24-502 (2001 Supp.) shall have a right to consult with counsel promptly upon admission to the hospital or detention by the Department and shall be represented by counsel in any proceeding before the Commission and the Court. If counsel is not retained by a respondent, or if it does not appear that counsel will be retained, counsel shall be appointed by the Court.

(2) Assignment of counsel. (A) Any person detained under the emergency procedures of D.C. Code §§ 21-521 - 528 (2004 Supp.) shall be appointed counsel by the Court at the same time the Court issues an order granting or denying detention pursuant to D.C. Code § 21-524 (2004 Supp.). The order shall include the name and telephone number of the appointed attorney.

(B) A respondent who has not been detained for emergency observation and diagnosis but who is the subject of a petition for judicial commitment pursuant to D.C. Code § 21-541 (2004 Supp.) shall be appointed counsel by the Commission at the time the case is set for a hearing pursuant to D.C. Code § 21-542 (2004 Supp.). Notice of appointment of counsel shall be mailed to the respondent with a copy of the petition and the order scheduling a hearing before the Commission.

(b) Expert witnesses. The Court may appoint an expert witness when requested by counsel for an indigent respondent.

(c) Confidentiality of transcripts. Transcripts of all proceedings before the Commission on Mental Health shall be kept in a confidential file apart from the mental health case files, and shall not be open to inspection by the general public. The Director of the Family Court shall grant access to the transcript only to the respondent involved, his or her attorney, his or her guardian, members of his or her immediate family, the United States Attorney or the Office of the Attorney General or their authorized assistants, and judges and professional staff of the Family Court. Any other person seeking access to the transcripts of a hearing before the Commission shall apply for a special order from the Family Court. The application for a special order shall state in writing the name, address and telephone number of the person or agency desiring to inspect the transcript, the professional or business affiliation of the person or agency, and the person for which the special order is sought. The application for special order shall be approved or denied by the Family Court in writing and filed by the Director of the Family Court in the respondent’s case docket.

(d) Applicability of Superior Court Rules of Civil Procedure. Proceedings before the Commission and the Court shall be conducted in accordance with the following Superior Court Rules of Civil Procedure insofar as practicable, except to the extent inconsistent with these Rules or D.C. Code § 21-501 et seq. (2004 Supp.): SCR Civ 5, 11(b), (c) and (d), 12-I (d) and (e), 43, 43-I, 44, 44-I, 45, 46, 47, 47-I, 50, 51, 52, 59, 60, 62 (b) and (c), 63-I, 77(a), 101(a), 102, and 103.