In Re Mh Xxxx-Xxxxxx

197 P.3d 750
Procedural entryThis page is a short order in In Re Mh Xxxx-Xxxxxx. Read the opinion of the Court — 211 Ariz. 255
Court of Appeals of Arizona·Decided June 3, 2008·No. 1 CA-MH 07-0010·Published

Opinion

197 P.3d 750 (2008)

In re MH XXXX-XXXXXX.

No. 1 CA-MH 07-0010.

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

June 3, 2008.
Review Denied December 4, 2008.

Maricopa County Public Defender By Tennie B. Martin, Deputy Public Defender, Phoenix, Attorney for Appellant.

Andrew P. Thomas, Maricopa County Attorney By Anne C. Longo, Andrea L. Cummings, Deputy County Attorneys, Phoenix, Attorneys for Appellee.

OPINION

IRVINE, Judge.

¶ 1 Nancy M. appeals the superior court's order finding her persistently or acutely disabled due to a mental disorder and ordering her to undergo a combined program of inpatient and outpatient treatment. She argues she was involuntarily removed from her involuntary treatment hearing without receiving a warning that her disruptive behavior *751 could lead to her removal. We hold that a court may remove a patient from a commitment hearing due to the patient's disruptive behavior caused by medical reasons and it is within the court's discretion to determine the form of the warning under the particular circumstances at the time.

FACTS AND PROCEDURAL HISTORY

¶ 2 In May, 2007, pursuant to Arizona Revised Statutes (A.R.S.) sections 36-529 and 36-535 (2003), the Maricopa County Superior Court scheduled a hearing to determine if Nancy M. was persistently and acutely disabled and whether she should receive involuntary treatment. Even though Nancy had been detained to secure her attendance at the hearing, she refused to attend. To ensure Nancy's attendance, her hearing was scheduled again—for the next day—at the facility where she was being detained.

¶ 3 At the hearing, Nancy and the County agreed to stipulate to the admission of affidavits in lieu of testimony from two doctors who had examined Nancy prior to the hearing. Dr. Jacqueline Flynn's affidavit stated Nancy was persistently or acutely disabled. Nancy had a thirty-year history of psychiatric treatment and she was extremely disorganized, loud, aggressive, psychotic, and delusional. She had also threatened her case manager and the staff at her group home. Dr. Samuel P. Hand's affidavit stated that Nancy was in need of inpatient psychiatric stabilization. He observed that she had exhibited suicidal and homicidal ideations and delusions when she was examined. He concluded that Nancy was persistently or acutely disabled.

¶ 4 Two witnesses were scheduled to testify at the hearing. As the first witness began her testimony, Nancy interrupted:

[Nancy]: Get me out of here.
[County Attorney]: Okay.
[Nancy]: I won't stay with you. That's what the problem is. She has never—she is going in there and see what is in there. Go in there and stay in there. Get away.

When the County Attorney resumed her questioning of the witness, Nancy again interrupted:

[Nancy]: I don't want a goddamned new one. I don't want a goddamned—
The Court: Just a second.
[Nancy]: What?
The Court: [Ms. M.], can I ask you to be quiet, please?
[Nancy]: I don't want to be quiet in here.
The Court: [Ms. M]?
[Nancy]: Let go of me. He's hanging onto me like the rug. He's crazy.
The Court: [Ms. M.]?
[Nancy]: He's crazy. He's a madman.
Court: [Ms. M.]?
[Nancy]: What do you want now, more frigging blood? Leave me alone. I want to think. I want to hear. I want to see light. I don't want to die a slow death—
The Court: [Ms. M.] I'm going to have to ask you to leave, please.

Nancy continued to speak as she was removed from the hearing room.

¶ 5 After Nancy was removed from the hearing room, her attorney said that he was not sure that Nancy had "knowingly and intelligently, voluntarily" removed herself from the hearing and that he was not sure that the proceedings could continue without Nancy in attendance. The court stated:

[Nancy] clearly did not waive her presence. Her actions were disruptive and would not allow the proceeding to continue with the words she was using and the volume that she was using and she was not going to stop doing that. So I removed her so that the proceeding could continue in her absence.

Nancy's attorney then attempted, we believe, to state that he did not think Nancy's actions were voluntary[1] and he stated that they were a product of her "problems." The judge said that that was "probably correct."

¶ 6 Nancy's attorney asked the court to dismiss the petition for involuntary treatment *752 because Nancy had not been present for the hearing and the court implicitly denied the request when it found there was clear and convincing evidence that Nancy was persistently or acutely disabled. The court ordered Nancy to receive treatment for up to one year with up to 180 days on an in-patient basis. Nancy timely appealed. We have jurisdiction under A.R.S. §§ 12-2101(K)(1) and 36-546.01 (2003).

DISCUSSION

¶ 7 On appeal, Nancy argues that the superior court's order for involuntary treatment must be vacated. She argues her right to due process was violated because she did not voluntarily waive her right to be present at the hearing and the court did not warn her she could be removed for her disruptive behavior before it removed her. The County responds that, unlike criminal proceedings, a superior court conducting a hearing pursuant to A.R.S. § 36-539 (2003) is not required to issue a warning before removing a disruptive patient from a hearing and that the court has inherent power to remove disruptive parties. The interpretation and application of a statute is a question of law that we review de novo. In re M.H. XXXX-XXXXXX, 214 Ariz. 318, 321, ¶ 13, 152 P.3d 1201, 1204 (App. 2007).

¶ 8 Because court-ordered involuntary treatment constitutes "a serious deprivation of liberty," a person facing civil commitment must be afforded due process, including "[a] full and fair" adversarial hearing. Id. at ¶ 14 (quoting Parham v. J.R., 442 U.S. 584, 627, 99 S.Ct. 2493, 61 L.Ed.2d 101 (1979) (Brennan, J., concurring in part and dissenting in part) and In re MH 1425, 181 Ariz. 290, 293, 889 P.2d 1088, 1091 (1995)). Arizona Revised Statutes § 36-539(B) outlines Arizona's procedural requirements for an involuntary treatment hearing. It provides, among other things, that "[t]he patient and his attorney shall be present at all hearings...."

¶ 9 Our first step in interpreting a statute is looking at "the language of the statute as the most reliable indicator of its meaning." Obregon v. Indus. Comm'n of Ariz., 217 Ariz. 612, 614, ¶ 11, 177 P.3d 873, 875 (App.2008). Statutory language that is clear and unambiguous leads us to apply the plain and ordinary meaning of that language unless doing so would create an absurd result. State v. Hasson, 217 Ariz.

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In Re Mh Xxxx-Xxxxxx, 197 P.3d 750 (Ark. Ct. App. 2008).

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