As soon as practical after the filing of an application pursuant to section 125.75, the court shall:
1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the commitment proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting an attorney. In accordance with those determinations, the court shall allow the respondent to select an attorney or shall assign an attorney to the respondent. If the respondent is financially unable to pay an attorney, the county shall compensate the attorney at an hourly rate to be established by the county board of supervisors in substantially the same manner as provided in section 815.7. \n Tue Dec 09 22:27:37 2025 Iowa Code 2026, Chapter 125 (65, 2) 13 SUBSTANCE USE DISORDERS, §125.80\n\n 2. If the application includes a request for a court-appointed attorney for the applicant and the court is satisfied that a court-appointed attorney is necessary to assist the applicant in a meaningful presentation of the evidence, and that the applicant is financially unable to employ an attorney, the court shall appoint an attorney to represent the applicant and the county shall compensate the attorney at an hourly rate to be established by the county board of supervisors in substantially the same manner as provided in section 815.7.
3. Issue a written order:
a. Scheduling a tentative time and place for a hearing, subject to the findings of the report required under section 125.80, subsections 3 and 4, but not less than forty-eight hours after notice to the respondent, unless the respondent waives the forty-eight-hour notice requirement.
b. Requiring an examination of the respondent, prior to the hearing, by one or more licensed physicians and surgeons or osteopathic physicians and surgeons or mental health professionals who shall submit a written report of the examination to the court as required by section 125.80. [C75, 77, §125.19(1, 2); C79, 81, §229.51(2, 3), 229.52(6); 82 Acts, ch 1212, §6] 84 Acts, ch 1219, §5; 99 Acts, ch 135, §14; 2013 Acts, ch 130, §40; 2017 Acts, ch 34, §6; 2018 Acts, ch 1026, §42 Referred to in §125.79, 125.85, 229.21 \n
Notes of Decisions
In the Interest of R.P., 606 N.W.2d 15 (Iowa 2000).
· cites it 4× “Iowa Code § 125.78 (1). Section 125.82 provides the procedures for the commitment hearing: 1.”
In re T.S., 705 N.W.2d 498 (Iowa 2005).
“§ 125.78(2). Concerning the actual hearing, the Code states: *503 At a commitment hearing, evidence in support of the contentions made in the application shall be presented by the applicant, or by an attorney for the applicant, or by the county attorney if the county attorney is…”
In Re Sp, 719 N.W.2d 535 (Iowa 2006).
· cites it 6× “See Iowa Code § 125.78 (2) (outlining procedures whereby an applicant can request the court to appoint an attorney, at the county's expense, for the applicant).”
In Re Rp, 606 N.W.2d 15 (Iowa 2000).
· cites it 4× “Iowa Code § 125.78 (1). Section 125.82 provides the procedures for the commitment hearing: 1.”
In the Matter of F.T. (Iowa Ct. App. 2024).
· cites it 2× “24, 2013); see also Iowa Code § 125.78 (1) (providing the respondent a right to a court-appointed attorney).”
In Re Ts, 705 N.W.2d 498 (Iowa 2005).
“§ 125.78(2). Concerning the actual hearing, the Code states: *503 At a commitment hearing, evidence in support of the contentions made in the application shall be presented by the applicant, or by an attorney for the applicant, or by the county attorney if the county attorney is…”
In the Matter of C.C., Alleged to Be a Person with a Substance-Related Disorder, 919 N.W.2d 636 (Iowa Ct. App. 2018).
“§ 125.78(3)(a). Section 125.80(4) requires that if the report of the physician's examination states the respondent is a person with a substance-related disorder"the court shall schedule a commitment hearing as soon as possible " but "not more than forty-eight hours after the…”
— Iowa Code § 125.78(2) — 6 cases
In re T.S., 705 N.W.2d 498 (Iowa 2005).
“§ 125.78(2). Concerning the actual hearing, the Code states: *503 At a commitment hearing, evidence in support of the contentions made in the application shall be presented by the applicant, or by an attorney for the applicant, or by the county attorney if the county attorney is…”
In the Interest of R.P., 606 N.W.2d 15 (Iowa 2000).
“Iowa Code § 125.78 (1). Section 125.82 provides the procedures for the commitment hearing: 1.”
In Re Sp, 719 N.W.2d 535 (Iowa 2006).
“See Iowa Code § 125.78 (2) (outlining procedures whereby an applicant can request the court to appoint an attorney, at the county's expense, for the applicant).”
In Re Rp, 606 N.W.2d 15 (Iowa 2000).
“Iowa Code § 125.78 (1). Section 125.82 provides the procedures for the commitment hearing: 1.”
— Iowa Code § 125.78(3) — 2 cases
In Re Sp, 719 N.W.2d 535 (Iowa 2006).
“See Iowa Code § 125.78 (2) (outlining procedures whereby an applicant can request the court to appoint an attorney, at the county's expense, for the applicant).”
— Iowa Code § 125.78(3)(a) — 1 case
In the Matter of C.C., Alleged to Be a Person with a Substance-Related Disorder, 919 N.W.2d 636 (Iowa Ct. App. 2018).
“§ 125.78(3)(a). Section 125.80(4) requires that if the report of the physician's examination states the respondent is a person with a substance-related disorder"the court shall schedule a commitment hearing as soon as possible " but "not more than forty-eight hours after the…”
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