In re MH 2007-001264

189 P.3d 1111, 218 Ariz. 538, 533 Ariz. Adv. Rep. 29, 2008 Ariz. App. LEXIS 100
CourtCourt of Appeals of Arizona
DecidedJune 26, 2008
DocketNo. 1 CA-MH 07-0028
StatusPublished
Cited by14 cases

This text of 189 P.3d 1111 (In re MH 2007-001264) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re MH 2007-001264, 189 P.3d 1111, 218 Ariz. 538, 533 Ariz. Adv. Rep. 29, 2008 Ariz. App. LEXIS 100 (Ark. Ct. App. 2008).

Opinion

OPINION

OROZCO, Judge.

¶ 1 Appellant (Patient) appeals from the trial court’s August 8, 2007 order for involuntary treatment. For the following reasons, we reverse.

FACTUAL AND PROCEDURAL HISTORY

¶2 Dr. Raikhelkar filed a petition for court-ordered treatment of Patient pursuant to Arizona Revised Statutes (A.R.S.) section 36-533 (2003). A detention order was issued on July 24, 2007. Patient was detained at Desert Vista Hospital and a hearing set for August 1, 2007. When the hearing convened, Mr. Wolcott, counsel for Desert Vista Hospi[539]*539tal,1 informed the court that Patient was ill and had been transferred to Banner Hospital for surgery. Mr. Wolcott requested a seven day continuance “in the best interests of the patient and the public.” Patient’s counsel argued that the continuance be denied and asked the court to either dismiss the petition or allow Patient to be an outpatient from the facility “unless and until they can show when she can be returned into this process.” Patient did not request that the hearing proceed in her absence. The court found “by clear and convincing evidence that the patient is, for medical reasons, unable to be present at the hearing, and the hearing cannot be conducted where she’s currently located.” 2 Therefore, it ordered the hearing continued for seven days.

¶ 3 Prior to the next hearing, Patient’s counsel filed a motion to dismiss the petition because Patient had been in detention in excess of the six day statutory maximum pursuant to A.R.S. § 36-535(B)(2003). The motion was heard befime the evidentiary hearing on the petition for involuntary treatment. After oral argument the court stated that although her argument was legally correct, the relief Patient was requesting would only delay the proceeding as both the hospital and Patient were ready to proceed with the hearing at that time. The court denied the motion to dismiss after “[h]aving considered the arguments and having reviewed the language of [A.R.S. § 36-539(C) (2003)], which grantfed] the Court discretion regarding the motion to continue.”

¶ 4 After the hearing, the court found Patient to be persistently or acutely disabled and ordered a combined inpatient and outpatient treatment program. This timely appeal followed. We have jurisdiction pursuant to A.R.S. § 36-546.01 (2003).

DISCUSSION

¶ 5 On appeal Patient asserts the trial court erred in granting the continuance and denying her motion to dismiss. We review a grant of a continuance for an abuse of discretion. In re Maricopa County Superior Court No. MH 2003-000240, 206 Ariz. 367, 369, ¶ 10, 78 P.3d 1088, 1090 (App.2003). We review issues of statutory interpretation de novo. In re Commitment of Jaramillo, 217 Ariz. 460, 462, ¶ 5, 176 P.3d 28, 30 (App.2008).

¶6 An individual subject to court-ordered treatment faces “a significant deprivation of liberty that requires due process protection.” In re Jesse M., 217 Ariz. 74, 77, ¶ 14, 170 P.3d 683, 686 (App.2007) (quoting Addington v. Texas, 441 U.S. 418, 425, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979)). As such, the statutes pertaining to court-ordered treatment have been narrowly tailored by the legislature and must be strictly followed. Matter of Commitment of Alleged Mentally Disordered Person, Coconino County No. MH 1425, 181 Ariz. 290, 293, 889 P.2d 1088, 1091 (1995).

¶7 Once an individual is detained and a petition for court-ordered treatment is filed, A.R.S. § 36-535(B) provides that “[t]he court shall either release the proposed patient or order the hearing to be held within six days after the petition is filed.” In this case, a hearing was scheduled for Patient within the statutory limit but Patient was unable to attend as she had been transferred to Banner Hospital and was awaiting surgery.

¶ 8 As authority to grant the continuance, the court relied on A.R.S. § 36-539(C) which provides:

If the patient, for medical reasons, is unable to be present at the hearing and the hearing cannot be conducted where the patient is being treated or confined, the court shall require clear and convincing evidence that the patient is unable to be present at the hearing and upon such a finding may proceed with the hearing in the patient’s absence.

¶ 9 When interpreting statutory provisions, we give the words of a statute them plain meanings and effect “unless an absurdity [540]*540would result.” MH 2003-000240, 206 Ariz. at 369, ¶ 6, 78 P.3d at 1090. Statutes in pan materia are read together and harmonized whenever possible to avoid making any clause, sentence or word “superfluous, void, contradictory or insignificant.” State v. Johnson, 171 Ariz. 39, 42, 827 P.2d 1134, 1137 (App.1992) (quoting State v. Arthur, 125 Ariz. 153, 155, 608 P.2d 90, 92 (App.1980)). We also “give meaning to each clause and consider the effects and consequences as well as the spirit and purpose of the law.” State v. Rodriguez, 164 Ariz. 107, 112, 791 P.2d 633, 638 (1990).

¶ 10 The court under A.R.S. § 36-539(C) may proceed with a hearing in the patient’s absence if the court finds by clear and convincing evidence that the patient is not available for medical reasons. However, A.R.S. § 36-539(C) does not allow the court the discretion to grant a continuance. This court has interpreted A.R.S. § 36-535(B) to “permit[ ] a continuance only on request of the patient.” MH 2003-000240, 206 Ariz. at 369, ¶ 8, 78 P.3d at 1090.

¶ 11 Giving effect to the provisions in the statutes, a trial court confronted with a patient who for medical reasons is unable to attend the scheduled hearing has limited options. In that situation, the court must either hold the hearing in the patient’s absence pursuant to A.R.S. § 36-539(C) or release the patient, pursuant to A.R.S. § 36-535(B).

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Bluebook (online)
189 P.3d 1111, 218 Ariz. 538, 533 Ariz. Adv. Rep. 29, 2008 Ariz. App. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mh-2007-001264-arizctapp-2008.