The Adversary System in Civil Commitment of the Mentally Ill: Does it Exist,and Does it Work?

Abstract

Legal activists have argued for adversary counsel to represent patients in civil commitment hearings, and many courts and legislatures have responded by requiring effective representation for patients. The authors argue that a truly adversarial system requires full-time attorneys representing both sides (commitment and release) with clear-cut roles for each attorney, and that such systems are generally not in use at this time.