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Appeals court weighs whether people under guardianship can pick their own lawyer
Summary
At oral argument in impounded Case No. 231394 (JCS), attorneys and amici debated whether an adjudicated incapacitated or protected person retains the right to select and retain private counsel post-adjudication, and whether courts must appoint counsel at key stages to protect due process.
An appeals court panel heard competing legal views on whether a person under guardianship or conservatorship may select and retain private counsel or whether that authority vests with the court or the fiduciary after adjudication.
Justice Reuben opened the session and the court said it would rehear Case No. 231394, listed in the record as JCS. Attorney Matthew (Attorney) Cukier told the court he had been appointed at trial to represent JCS and later was appointed conservator. Cukier said his position at trial had been to press the “presumption of capacity” and that, before a judge adjudicates incapacity, an individual should be able to retain counsel of their choosing.
Cukier argued that after adjudication the decision to retain counsel…
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