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.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1987–2026 · leading case:
In Re Mh2010-002637, 263 P.3d 82 (Ariz. Ct. App. 2011).
In Re Mh2010-002637, 263 P.3d 82 (Ariz. Ct. App. 2011).
· cites it 19× “2008), superseded by statute on other grounds by A.R.S. § 36-537 and -539. The claim of ineffective assistance of counsel presents a mixed question of law and fact; we defer to the trial court’s factual findings but review de novo the ultimate legal conclusion.”
In Re Jesse M., 170 P.3d 683 (Ariz. Ct. App. 2007).
· cites it 5× “¶ 13 Section 36-537 outlines the minimum duties of counsel, which include interviewing the patient; reviewing the petition and various reports; interviewing the petitioner, supporting witnesses, and testifying physicians; and investigating alternatives to court-ordered treatment.”
In re MH 2009-001264, 229 P.3d 1012 (Ariz. Ct. App. 2010).
· cites it 6× “See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
In re MH 2006-000023, 150 P.3d 1267 (Ariz. Ct. App. 2007).
· cites it 2× “See AR.S. § 36-537 (2003). There was no objection to the timing of the hearing.”
In re MH 2007-001275, 196 P.3d 819 (Ariz. Ct. App. 2008).
· cites it 2× “See generally A.R.S. § 36-537(B)(3) (2003) (describing counsel's duty to interview petitioner and witnesses at least 24 hours in advance of the hearing).”
In re MH 2008-001752, 218 P.3d 1024 (Ariz. Ct. App. 2009).
· cites it 2× “) (effective September 30, 2009) (amending, inter alia, A.R.S. §§ 36-537(D), - 539(B)). . None of the relevant statutes have been amended since Patient's hearing; thus, we cite to the current published version of the statutes.”
In Re Mh Xxxx-Xxxxxx, 229 P.3d 1012 (Ariz. Ct. App. 2010).
· cites it 8× “See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
In Re Mh Xxxx-Xxxxxx, 196 P.3d 819 (Ariz. Ct. App. 2008).
· cites it 2× “See generally A.R.S. § 36-537(B)(3) (2003) (describing counsel's duty to interview petitioner and witnesses at least 24 hours in advance of the hearing).”
In Re Mh 2008-002393, 221 P.3d 1054 (Ariz. Ct. App. 2009).
· cites it 2× “A.R.S. § 36-537(B) (2009) (outlining the attorney’s "minimal duties”).”
In Re Mh Xxxx-Xxxxxx, 218 P.3d 1024 (Ariz. Ct. App. 2009).
· cites it 2× “) (effective September 30, 2009) (amending, inter alia, A.R.S. §§ 36-537(D), -539(B)). [2] None of the relevant statutes have been amended since Patient's hearing; thus, we cite to the current published version of the statutes.”
In re the Appeal in Pima Cnty. Mental Health Serv. Action No. MH-2116-1, 757 P.2d 118 (Ariz. Ct. App. 1988).
· cites it 2× “In support of the motion, appellant filed an affidavit stating that his trial attorney had not discussed the case with him before the hearing and had neither advised him as required by A.R.S. § 36-537(B) nor told him of his right to an independent evaluator under A.”
— Ariz. Rev. Stat. § 36-537(B) — 9 cases
In Re Mh2010-002637, 263 P.3d 82 (Ariz. Ct. App. 2011).
“2008), superseded by statute on other grounds by A.R.S. § 36-537 and -539. The claim of ineffective assistance of counsel presents a mixed question of law and fact; we defer to the trial court’s factual findings but review de novo the ultimate legal conclusion.”
In Re Jesse M., 170 P.3d 683 (Ariz. Ct. App. 2007).
“¶ 13 Section 36-537 outlines the minimum duties of counsel, which include interviewing the patient; reviewing the petition and various reports; interviewing the petitioner, supporting witnesses, and testifying physicians; and investigating alternatives to court-ordered treatment.”
In re MH 2009-001264, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
In Re Mh 2008-002393, 221 P.3d 1054 (Ariz. Ct. App. 2009).
“A.R.S. § 36-537(B) (2009) (outlining the attorney’s "minimal duties”).”
In Re Mh Xxxx-Xxxxxx, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
— Ariz. Rev. Stat. § 36-537(B)(1) — 1 case
In Re Mh Xxxx-Xxxxxx, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
— Ariz. Rev. Stat. § 36-537(B)(3) — 2 cases
In re MH 2007-001275, 196 P.3d 819 (Ariz. Ct. App. 2008).
“See generally A.R.S. § 36-537(B)(3) (2003) (describing counsel's duty to interview petitioner and witnesses at least 24 hours in advance of the hearing).”
In Re Mh Xxxx-Xxxxxx, 196 P.3d 819 (Ariz. Ct. App. 2008).
“See generally A.R.S. § 36-537(B)(3) (2003) (describing counsel's duty to interview petitioner and witnesses at least 24 hours in advance of the hearing).”
— Ariz. Rev. Stat. § 36-537(B)(4) — 2 cases
In re MH 2009-001264, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
In Re Mh Xxxx-Xxxxxx, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
— Ariz. Rev. Stat. § 36-537(B)(l) — 1 case
In Re Jesse M., 170 P.3d 683 (Ariz. Ct. App. 2007).
“¶ 13 Section 36-537 outlines the minimum duties of counsel, which include interviewing the patient; reviewing the petition and various reports; interviewing the petitioner, supporting witnesses, and testifying physicians; and investigating alternatives to court-ordered treatment.”
— Ariz. Rev. Stat. § 36-537(D) — 5 cases
In re MH 2008-001752, 218 P.3d 1024 (Ariz. Ct. App. 2009).
“) (effective September 30, 2009) (amending, inter alia, A.R.S. §§ 36-537(D), - 539(B)). . None of the relevant statutes have been amended since Patient's hearing; thus, we cite to the current published version of the statutes.”
In re MH 2009-001264, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
In Re Mh Xxxx-Xxxxxx, 218 P.3d 1024 (Ariz. Ct. App. 2009).
“) (effective September 30, 2009) (amending, inter alia, A.R.S. §§ 36-537(D), -539(B)). [2] None of the relevant statutes have been amended since Patient's hearing; thus, we cite to the current published version of the statutes.”
In Re Mh Xxxx-Xxxxxx, 229 P.3d 1012 (Ariz. Ct. App. 2010).
“See A.R.S. § 36-537(B) (2009) (outlining the minimal duties of counsel before a hearing).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.