In Re Mh Xxxx-Xxxxxx

120 P.3d 210, 211 Ariz. 255
CourtCourt of Appeals of Arizona
DecidedSeptember 22, 2005
Docket1 CA-MH 05-0007
StatusPublished
Cited by4 cases

This text of 120 P.3d 210 (In Re Mh Xxxx-Xxxxxx) 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 Xxxx-Xxxxxx, 120 P.3d 210, 211 Ariz. 255 (Ark. Ct. App. 2005).

Opinion

120 P.3d 210 (2005)
211 Ariz. 255

In re MH XXXX-XXXXXX

No. 1 CA-MH 05-0007.

Court of Appeals of Arizona, Division 1, Department E.

September 22, 2005.

*211 Andrew P. Thomas, Maricopa County Attorney, Phoenix, By Lisa Stelly Wahlin, Deputy County Attorney, for Appellee.

James J. Haas, Maricopa County Public Defender, Phoenix, By Karen Kemper, Deputy Public Defender, for Appellant.

OPINION

BARKER, J.

¶ 1 Appellant appeals a court order for involuntary mental health treatment. She argues that the trial court's decision to allow telephonic testimony at her hearing was error and requires reversal. We disagree and accordingly affirm.

Facts and Procedural History

¶ 2 In December 2004, appellant's sister became concerned about appellant's recent behavior. Those concerns led her to file an Application for Involuntary Evaluation. Ariz.Rev.Stat. ("A.R.S.") § 36-520 (2003). That application stated appellant had shaved her head, stopped paying her bills and rent, started wandering around at night, and appeared to be hearing voices. Also, according to the application, appellant had recently disappeared for two weeks, lost her job, started obsessively cleaning her head, and mentioned that "God [was] sending her a chariot to pick her up."

¶ 3 As a result of that application, two individuals went to appellant's home to evaluate her. Id. The report filed after that evaluation stated "it appeared as though [appellant] might have been responding to internal stimuli." Also, appellant "acknowledge[d] the belief that God [would] be sending a chariot to go get her." Finally, appellant declined an offer for another evaluation, stating that "she didn't have a mental illness or need to see a psychiatrist."

¶ 4 A Petition for Court-Ordered Evaluation was filed, A.R.S. §§ 36-521, -523, and a Detention Order for Evaluation and Notice was granted. A.R.S. § 36-529. Appellant was detained and evaluated by two doctors. Those doctors filed affidavits reciting their findings. The first affidavit, filed by Dr. Andrew Parker, stated appellant's "affect is *212 inappropriate. Her mood is labile, with depression, elevation and irritability." Dr. Parker also stated that appellant is "guarded, paranoid, [and her] attention and concentration are distracted .... [Appellant's] insight is poor, she is confused, and judgment is not intact." Dr. Parker concluded that appellant had a severe mental disorder that "substantially impair[ed][her] capacity to make an informed decision regarding treatment."

¶ 5 The other doctor, Dr. Carol Olson, stated appellant's "insight and judgment appear poor." Dr. Olson found appellant's mood to be "mildly irritable" and her "thinking... difficult to assess." Dr. Olson reached the same conclusion as Dr. Parker that appellant had a severe mental disorder that "substantially impair[ed][her] capacity to make an informed decision regarding treatment."

¶ 6 On January 10, 2005, there was a hearing regarding the petition for treatment. One of the witnesses scheduled for the hearing was appellant's sister. At the time of the hearing, appellant's sister lived in Alabama and was not present at the hearing; the State sought permission to have the sister testify telephonically. Appellant's attorney objected to the telephonic testimony, arguing that she had not had the opportunity to interview the sister. The court chose to delay the hearing for one day to give appellant's counsel an opportunity to interview the sister.

¶ 7 The next day appellant's counsel renewed her objection to the telephonic testimony. The court heard argument on the issue and opted to allow the telephonic testimony. The court found that "numerous safeguards [were] in place"; therefore, the testimony should be allowed. Those safeguards included multiple doctors evaluating appellant and agreeing that the relevant standards had been met. Also, the court found that this type of hearing operates on a "very truncated time table." Therefore, the sister had not been given adequate time to "plan to come in ... to testify."

¶ 8 The hearing then proceeded with a preliminary examination of appellant's sister. The court asked the sister if she had any notes in front of her or if there was anyone else in the room with her. The sister replied "no" to both questions. The court then asked appellant's daughter to identify the voice on the telephone.

Court: Did you hear the voice of the person talking at the other end of the phone?
Daughter: Yes.
Court: Can you identify that person?
Daughter: That's my aunt ....
Court: Do you have any concerns that that may be some other person, other than [your aunt]?
Daughter: No.

After this identification, appellant's sister resumed her testimony. She recounted the unusual behavior appellant had recently exhibited. The two doctors then testified, both stating that appellant suffered from a severe mental disorder. The final witness was appellant's daughter. The daughter testified as to appellant's unusual behavior.

¶ 9 At the conclusion of the witness' testimony and argument by counsel, the court made "the following findings by clear and convincing evidence." "[Appellant], as a result of a mental disorder, is persistently or acutely disabled ... [she] is in need of psychiatric treatment and she is either unwilling or unable to accept voluntary treatment." The court ordered appellant to "undergo treatment in a combined inpatient/outpatient treatment program." See A.R.S. § 36-540.

¶ 10 Appellant filed a timely notice of appeal. We have jurisdiction pursuant to A.R.S. § 36-546.01 (2003).

Discussion

¶ 11 The only issue on appeal is whether the trial court erred by allowing telephonic testimony at the hearing on the petition for treatment. We consider the statutory scheme, Arizona rules, and the constitutional issues.

1. The Statutory Scheme

¶ 12 According to A.R.S. § 36-539(B) (2003), at the hearing "[t]he patient and his attorney shall be present ... and the patient's attorney may subpoena and cross-examine *213 witnesses and present evidence." Also, at the hearing there must be "testimony of two or more witnesses acquainted with the patient at the time of the alleged mental disorder and testimony of the two physicians who performed examinations in evaluation of the patient." Id. These requirements "are in addition to all rules of evidence and the Arizona rules of civil procedure." A.R.S. § 36-539(D). In cases, such as this one, where a significant liberty interest is at stake, these "statutory requirements must be strictly adhered to." Coconino County No. MH 1425, 181 Ariz. 290, 293, 889 P.2d 1088, 1091 (1995); see Coconino County No. MH 95-0074, 186 Ariz.

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Related

State v. McCabe
251 P.3d 264 (Court of Appeals of Washington, 2011)
In Re Mh Xxxx-Xxxxxx
218 P.3d 1024 (Court of Appeals of Arizona, 2009)

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Bluebook (online)
120 P.3d 210, 211 Ariz. 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mh-xxxx-xxxxxx-arizctapp-2005.