In re Brown

493 A.2d 447, 126 N.H. 309, 1985 N.H. LEXIS 322
CourtSupreme Court of New Hampshire
DecidedMarch 28, 1985
DocketNo. 84-388
StatusPublished
Cited by4 cases

This text of 493 A.2d 447 (In re Brown) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Brown, 493 A.2d 447, 126 N.H. 309, 1985 N.H. LEXIS 322 (N.H. 1985).

Opinion

King, C.J.

This is an appeal of an order of the Grafton County Probate Court {Boyle, J.), involuntarily committing Arthur M. Brown to the New Hampshire Hospital, pursuant to RSA chapter 135-B (1977 and Supp. 1983), for a period not to exceed two years, due to mental illness which created a potentially serious likelihood [311]*311of danger to himself and others. See RSA 135-B:26. Mr. Brown argues on appeal that the committal procedures violated his due process rights and that the probate court’s findings were erroneous. We disagree and affirm.

Mr. Brown was seventy-eight years old when he was arrested in Bristol on April 12, 1984, for disobeying a police officer and resisting arrest after being stopped for driving a motor vehicle with a faulty taillight. He was subsequently taken to the New Hampshire Hospital for a psychiatric evaluation. The Grafton County Attorney, John Eames, then filed a petition against Mr. Brown for involuntary admission to the hospital.

On July 17, 1984, a hearing was held in the probate court regarding the civil commitment petition against Mr. Brown. A Bristol police officer testified at the hearing that, after he had stopped Mr. Brown’s automobile for having a faulty taillight, Mr. Brown refused to produce his driver’s license and registration on request, saying that he would have the light fixed. Mr. Brown then attempted to drive away. The officer testified that he reached into the car and turned off the engine, at which point Mr. Brown became belligerent and started his engine a second time. The officer, who was still standing next to the car while Mr. Brown sat inside, again reached in to turn off the engine. Mr. Brown grabbed a plastic flashlight from the dashboard and swung it at the officer, who stepped back to avoid the blow.

At this point, the officer radioed for a second officer to assist him. When the second officer arrived, he distracted Mr. Brown while the first officer was able to wrest the flashlight away from Mr. Brown, who was placed under arrest for disobeying a police officer. Both officers testified that, later, while he was handcuffed and in the back seat of the police cruiser, Mr. Brown made a statement to the effect that, if he had a pistol permit and could carry a gun, he would have shot the officers.

Dr. Carl Bridge, a psychiatrist appointed by the court to examine Mr. Brown as required by RSA 135-B:32, testified at the hearing that he concluded, from his evaluation, that Mr. Brown has atypical bipolar disorder (the more current term for manic depressive illness) and is therefore mentally ill as that term is defined by the civil commitment statute. See RSA 135-B:2, XI (Supp. 1983). Dr. Bridge testified that he based his diagnosis on a visit with Mr. Brown lasting between thirty-five and forty minutes and a review of Mr. Brown’s medical record. In a psychiatric evaluation report to the court, Dr. Bridge noted that Mr. Brown was not well groomed and that, although he answered questions “relevantly and somewhat coherently,” he had “a tendency to ramble.” When asked what day it [312]*312was, Mr. Brown answered that it was July 14, 1948, instead of the actual date of the interview, July 12, 1984. Dr. Bridge testified that this answer indicated “disorientation as to time.” According to Dr. Bridge, Mr. Brown had hallucinations in which he communicated with and was visited by his dead parents, and that he also claimed to own property that he does not own.

Dr. Bridge also testified that, in his opinion, Mr. Brown’s mental condition created a potentially serious likelihood of danger to himself and others. Dr. Bridge recommended that Mr. Brown receive two years of involuntary treatment. Although he considered a less restrictive alternative placement, Dr. Bridge testified that, in his opinion, Mr. Brown would be unable to “cooperate” with a less restrictive placement.

After the hearing, on July 17, 1984, the Court {Boyle, J.) ordered Mr. Brown to be involuntarily admitted to the New Hampshire Hospital for a period not to exceed two years. This appeal followed.

Mr. Brown first argues that psychiatric reports are inherently inadequate because psychiatric diagnosis and psychiatric predictions of dangerousness are unreliable. As a consequence, he contends that the court’s reliance on a psychiatric report denied him his right to due process under the fourteenth amendment of the United States Constitution.

In determining whether the procedural safeguards of RSA chapter 135-B protected Mr. Brown’s due process rights, we apply the balancing test set out in Mathews v. Eldridge, 424 U.S. 319, 335 (1976), and followed by this court in the context of involuntary commitment in In re Scott L., 124 N.H. 327, 331, 469 A.2d 1336, 1337 (1983). We consider three factors:

“First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.”

Mathews v. Eldridge, 424 U.S. at 335. See also Ake v. Oklahoma, 105 S. Ct. 1087 (1985).

As we have recently stated in In re Scott L., supra at 330, 469 A.2d at 1337, “the deprivation of liberty inherent in civil commitment is subject to significant due process requirements.” See Opinion of the Justices, 123 N.H. 554, 465 A.2d 484 (1983). However, the [313]*313risk of erroneous deprivation of liberty by a court’s reliance on a psychiatric report, we believe, is sufficiently minimized in civil commitment proceedings. We have recognized the fallibility of psychiatric opinions on the issue of whether a person meets the criteria for involuntary admission, In re Scott L., supra at 332, 469 A.2d at 1338, and the speculative nature of psychiatric predictions of dangerousness, Proctor v. Butler, 117 N.H. 927, 934, 380 A.2d 673, 677 (1977). Nevertheless, a number of safeguards protect against an erroneous deprivation of liberty in a civil commitment. See In re Scott L., supra at 332, 469 A.2d at 1338 (enumerating safeguards against “excessive deference” to psychiatric opinions in involuntary admissions).

This State requires proof beyond a reasonable doubt in determining mental illness and potential dangerousness under RSA 135-B:26. Proctor v. Butler, 117 N.H. 927, 934, 380 A.2d 673, 677 (1977). Also, RSA 135-B:28 requires evidence of “specific acts or actions of the person sought to be admitted” before a petition for involuntary admission may be brought. The court need not rely upon the psychiatrist’s recommendation and may in fact ignore or overrule the recommendation. RSA 135-B:37. “Without such evidence of specific recent conduct, and unless the high standard of proof is satisfied, even the most persuasive psychiatrist’s report is insufficient to justify commitment — ultimately a judicial, not medical, decision.” In re Scott L., supra at 332, 469 A.2d at 1338.

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Bluebook (online)
493 A.2d 447, 126 N.H. 309, 1985 N.H. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brown-nh-1985.