73-3-353 - Personal incapacity; representation by counsel; guardian [Repealed effective December 31, 2015].
§ 73-3-353. Personal incapacity; representation by counsel; guardian [Repealed effective December 31, 2015].
In proceedings under Sections 73-3-347 through 73-3-365, the attorney shall be entitled to representation by counsel. An attorney who has been declared mentally incompetent, judicially, or who has been committed, judicially, to an institution for the treatment of the mentally ill shall be defended by his legally appointed guardian or guardian ad litem, if any; if a guardian or guardian ad litem has not been appointed, the chief justice, on certification by the board of commissioners, shall appoint a guardian ad litem. The same procedure shall apply to an attorney who has asserted his incompetence, or whose incompetence to defend becomes apparent during the proceedings. In all cases, counsel previously selected by the attorney will be appointed guardian ad litem, absent clear and compelling reasons to the contrary.
Sources: Laws, 1974, ch. 566, § 23(4); reenacted, 1983, ch. 302, § 51; reenacted, 1991, ch. 526, § 54; reenacted, 1992, ch. 515, § 54, eff from and after July 1, 1992.