2005 Arizona Revised Statutes - Revised Statutes §36-537  Duties of counsel

A. The medical director of the agency which conducted the evaluation shall, at least seventy-two hours prior to the hearing, make available to the patient's attorney copies of the petition for evaluation, prepetition screening report, evaluation report, the patient's medical records for the current admission and a list of alternatives to court-ordered treatment which are used in similar cases with an explanation of why they are not appropriate or available.

B. The patient's attorney shall, for all hearings whether for evaluation or treatment, fulfill the following minimal duties:

1. Within twenty-four hours of appointment, conduct an interview of the patient. The attorney shall explain to the patient his rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment and the alternative of becoming a voluntary patient. If the attorney is appointed, he shall also explain that the patient can obtain his own counsel at his own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.

2. At least twenty-four hours prior to the hearing, review the petition for evaluation, prepetition screening report, evaluation report, petition for treatment, the patient's medical records and the list of alternatives to court-ordered treatment.

3. At least twenty-four hours prior to the hearing, interview the petitioner, if available, and his supporting witnesses, if known and available.

4. At least twenty-four hours prior to the hearing, interview the physicians who will testify at the hearing, if available, and investigate the possibility of alternatives to court-ordered treatment. Failure of the attorney to fulfill at least the duties prescribed by paragraphs 1 through 4 of this subsection may be punished as contempt of court.

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