Minnesota Statutes

Minn. Stat. § 253D.20 (2026)

Right To Counsel

✓ current as of May 2026
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A committed person has the right to be represented by counsel at any proceeding under this chapter. The court shall appoint a qualified attorney to represent the committed person if neither the committed person nor others provide counsel. The attorney shall be appointed at the time a petition for commitment is filed. In all proceedings under this chapter, the attorney shall:

(1) consult with the person prior to any hearing;

(2) be given adequate time and access to records to prepare for all hearings;

(3) continue to represent the person throughout any proceedings under this chapter unless released as counsel by the court; and

(4) be a vigorous advocate on behalf of the person.

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2013–2026 · leading case: Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017).
Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017). · cites it 2× “Minn. Stat. Ann. § 253D.20. Once committed under MCTA, a committed person or the executive director of the Minnesota Sex Offender Program may petition for a reduction in custody, which includes “transfer out of a secure treatment facility, 3 a provisional discharge, 4 or a…”
In re the Civil Commitment of Moen, 837 N.W.2d 40 (Minn. Ct. App. 2013). · cites it 2× “§ 15 (to be codified at Minn.Stat. § 253D.20).”
In the Matter of the Civil Commitment of: Michael Benson (Minn. 2024). · cites it 118× “Minn. Stat. § 253D.20. The question before us is whether section 253D.”
In the Matter of the Civil Commitment of: Christopher Loyd Ivey (Minn. Ct. App. 2026). · cites it 8× “See Minn. Stat. § 253D.20 (2024). Ivey’s 5 statutory right to counsel arose from a different statute, which applies only to an initial commitment proceeding under chapter 253B.”
In the Matter of the Civil Commitment of: Rodger Dean Robb II (Minn. Ct. App. 2024). · cites it 2× “3d __, 2024 WL 4551311 , at *8 (Minn. Oct. 23, 2024).”
In the Matter of the Civil Commitment of: Peter Allan aka Peter Allan George (Minn. Ct. App. 2025). · cites it 2× “Ultimately, it concluded that various aspects of that statute’s language and its historical context indicate that the legislature “intended the right to counsel established by section 253D.”
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