In re J.M.

704 P.2d 1037, 217 Mont. 300
CourtMontana Supreme Court
DecidedAugust 15, 1985
DocketNo. 85-126
StatusPublished
Cited by7 cases

This text of 704 P.2d 1037 (In re J.M.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.M., 704 P.2d 1037, 217 Mont. 300 (Mo. 1985).

Opinions

MR. JUSTICE WEBER

delivered the Opinion of the Court.

The Yellowstone County Attorney filed a petition in the District Court of the Thirteenth Judicial District alleging that appellant (J.M.) is seriously mentally ill and requesting that he be committed to a mental health facility. After initial detention, examination by a professional person and a hearing at which J.M. was present, the District Court entered its findings and ordered that J.M. be committed to the Montana State Hospital for treatment and evaluation not [302]*302to exceed 3 months unless extended as provided by law. J.M. appeals. We affirm the District Court.

The issues raised by the appellant are:

1. Was there sufficient evidence to support the finding of the District Court that J.M. was suffering from a mental disorder?

2. Was there sufficient evidence to support the finding of the District Court that J.M. is seriously mentally ill within the meaning of Section 53-21-102(14), MCA?

On February 1, 1985, at the request of J.M.’s cousin, the Yellowstone County Attorney filed a petition in District Court alleging that J.M. was seriously mentally ill and requesting that he be committed to a mental health facility. Initially, the District Court found probable cause to believe J.M. was seriously mentally ill and ordered that he be detained pending a hearing. After the initial appearance of J.M. and his counsel on February 4, the court ordered that an examination by a professional person be conducted at the South Central Montana Regional Mental Health Center. A hearing was then held on February 7, 1985, following which the court entered its findings of fact and ordered that J.M. be committed to the Montana State Hospital in Warm Springs.

Counsel for J.M. emphasizes the testimony on the part of J.M. and others which he finds to be favorable on the issues. Under these circumstances, we will quote at some length from the findings on the part of the District Court, and then consider whether or not there is sufficient evidence to affirm these findings.

The District Court’s Statement of Facts dated February 7, 1985, includes the following:

“[J.M.’s] relative by marriage, David Grimmett, testified that [J.M.] came to the home Grimmett and his wife own in Laurel, at any hour of the day or night, claiming to be the heir to the home; that [J.M.] threatened to beat up a cousin to obtain a gun he believed he should have inherited; that [J.M.] had stated he wanted a gun to go get money from a bank in Livingston; that [J.M.] had tried to goad Mr. Grimmett into fighting with him; and that [J.M.] had wanted Grimmett to obtain a horse for him to ride to California. An acquaintance, Sharon Summers, testified to hearing [J.M.] several times claim that before he was done, he would get a gun and shoot the heads off a lot of people. [J.M.] denied every one of these statements, and admitted in response to the court’s questions that his uncle died at some In unknown time after 1966, and [J.M.] believe [sic] his cousin may have poisoned his uncle.”

[303]*303In addition, the Statement of Facts stated the following with regard to the examination by the health professional:

“At the commitment hearing, Scott Schreiber, a Certified Mental Health Professional for the State of Montana testified that he had evaluated [J.M.] at the Billings Deaconess Hospital Emergency Room on January 25, 1985, and had attempted to conduct an evaluation of [J.M.] at the jail, pursuant to the court’s order, on February 6, 1985. Mr. Schreiber testified that [J.M.] was confused, agitated and intermittently threatening in his behavior at the emergency room; that he was apparently delusional in his belief that his uncle had been poisoned by [J.M.’s] cousin; that he paced the room and glared at Schreiber, attempting to stare him down; that he refused to answer certain questions, and generally exhibited poor judgment in his hostile and uncooperative behavior toward Schreiber. Schreiber’s tentative diagnosis was that [J.M.] suffers from organic brain disorder, with subheadings of organic delusional disorder and organic personality syndrome. Schreiber testified that his further contact with [J.M.] on February 6, 1985, and [J.M.’s] attitude and behavior during Schreiber’s attempt to conduct his evaluation, were consistent with Schreiber’s diagnosis. Schreiber further testified that, because of [J.M.’s] poor judgment and poor impulse control, and because of his intense and unpredictable feelings, together with his threats toward others, Schreiber believes [J.M.] to represent a threat of imminent injury to others. For that reason, Schreiber recommended long term residential treatment to confirm his diagnosis and provide [J.M.] with treatment.
“Scott Schreiber further testified that no local facilities are equipped to require [J.M.] to remain on premises and comply with recommendations regarding medication or treatment; the psychiatric unit at Deaconess Hospital is a short-term residential facility. Schreiber indicated that closer long-term supervision than that available in Billings is required to protect [J.M.] and those threatened by him. He recommended that [J.M.] be committed to the Montana State Hospital at Warm Springs for further evaluation and treatment.”

In addition, the District Court made the following specific findings of fact and conclusions:

“[J.M.] is in need of long-term treatment for his condition, in addition to any medical help he may need. The least restrictive environment at which [J.M.] can receive the close supervision, evaluation, [304]*304and care he needs is the Montana State Hospital at Warm Springs, Montana.
“[J.M.] is beyond a reasonable doubt seriously mentally ill as defined in Section 53-21-102,MCA.”

By its separate Order dated February 7, 1985, the District Court ordered that J.M. be committed and confined in the Montana State Hospital at Warm Springs for a period of treatment and evaluation not to exceed 3 months, unless extended as provided by law.

I

Was there sufficient evidence to support the finding of the District Court that J.M. was suffering from a mental disorder?

Counsel for J.M. argues that the mental health examination was not conducted by a psychiatrist or a psychologist and therefore suggests that the examination is subject to question. We note that Section 53-21-122(2), MCA, provides that the District Court shall appoint a professional person to examine the appellant. “Professional person” is defined in Section 53-21-102(10), MCA, as a medical doctor or a person who has been certified by the Department of Institutions, as provided in Section 53-21-106, MCA.

The testimony of Mr. Schreiber established that he is a counselor-therapist at the Mental Health Center, that he is a certified mental health professional for the State of Montana, and that he has been so certified for 3 years. No objections were raised in the course of the hearing as to Mr. Schreiber’s qualifications. As a result, there is nothing in the record which establishes a need or requirement for either a psychiatrist or psychologist in this case.

Counsel for J.M. further attempts to raise doubts as to the adequacy of the testimony of Mr. Schreiber as a health professional, relying on Matter of N.B. (Mont. 1980), 620 P.2d 1228, 37 St.Rep. 2031. It is true that in N.B.

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Bluebook (online)
704 P.2d 1037, 217 Mont. 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jm-mont-1985.