In the Matter of the Civil Commitment of: Michael Benson

Summary

The court held that the statutory right to counsel for a civilly committed person is waivable because the statute does not expressly prohibit waiver and is best interpreted consistently with self-representation and constitutional-avoidance principles. Any waiver must be made by a person competent to enter a knowing and intelligent waiver, and the Commitment Appeal Panel may regulate or terminate self-representation when necessary. The court reversed and remanded because the record did not establish whether Benson validly waived counsel.