In re S.M.
Annotate this Case
Mont. Code Ann. 53-21-119(1), which prohibits a person from waiving the right to counsel in civil commitment proceedings, does not violate the Sixth or the Fourteenth Amendments to the United States Constitution.
After the State filed a petition to involuntarily commit Respondent, Respondent advised the district court that he wished to waive counsel and represent himself. The district court denied Respondent’s request. The district court later approved a stipulation entered into by Respondent, together with his appointed counsel, for commitment to community-based treatment, and ordered Respondent’s commitment. On appeal, Respondent argued that section 53-21-119(1) violates his constitutional rights. The Supreme Court affirmed, holding (1) the Due Process clause does not establish as fundamental the right to represent oneself in civil commitment proceedings; and (2) the prohibition against waiver in civil commitment proceedings is reasonably related to a permissible legislative objective.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.