In Re Walter R.

2004 ME 77, 850 A.2d 346, 2004 Me. LEXIS 82
CourtSupreme Judicial Court of Maine
DecidedJune 11, 2004
StatusPublished
Cited by27 cases

This text of 2004 ME 77 (In Re Walter R.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Walter R., 2004 ME 77, 850 A.2d 346, 2004 Me. LEXIS 82 (Me. 2004).

Opinion

CALKINS, J.

[¶ 1] Walter R. appeals a judgment entered in the District Court (Portland, Beaudoin, J.) involuntarily committing him to Spring Harbor Hospital, a mental health facility. Although neither Walter nor Spring Harbor raised the issue of mootness, we explore it because Walter’s term of commitment expired while this appeal was pending. Walter argues that his rights pursuant to 34-B M.R.S.A. § 3864(5)(C)(1) (1988) were violated when the court failed to dismiss the commitment proceeding even though one of the appointed mental health examiners did not appear at the hearing. He also contends that the court erred by allowing a physician’s assistant to testify as a psychiatric expert. Walter further claims that the evidence was insufficient for an involuntary commitment and that the flaws in the hearing amounted to a violation of his due process rights. We conclude that the appeal is not moot, and we affirm the judgment.

I. BACKGROUND AND PROCEDURE

[¶ 2] An application for the emergency involuntary hospitalization of Walter was endorsed by a justice of the peace, see 34-B M.R.S.A. § 3863(3) (Pamph. 2003), and five days thereafter the chief administrative officer of Spring Harbor Hospital filed an application for the involuntary hospitalization of Walter, see id. § 3863(5)(B). The court set a hearing date and appointed counsel for Walter. The court also ordered that Walter be examined by two examiners, Dr. Smith and Dr. Leone, both licensed psychologists. See id. § 3864(4)(A).

[¶ 3] The hearing took place on October 30, 2003. Dr. Leone testified, and her evaluation report was admitted without objection. She gave Walter’s lengthy history of mental illness, and she reported that he was refusing his medication. She diagnosed him as having schizophrenia, paranoid type. Although he had an apartment, he had been living on the streets and believed the soup kitchen was trying to poison him. While at the hospital he also believed his food was poisoned, and he ate only about half of his meals. He was refusing to speak with his doctor. He was consumed with his psychosis. Dr. Leone noted an incident in 2002 when Walter, during a psychotic episode, made threats with a gun. Dr. Leone reported that without medication Walter is not able to take care of himself and protect himself from harm. However, with medication he can be functional in the community.

[¶ 4] Walter objected to the admission of Dr. Smith’s evaluation report because the doctor was not available for cross-examination, and the court sustained the objection.

[¶ 5] The hospital presented Timothy Grace, a physician’s assistant, who had been assigned to treat Walter. Over Walter’s objection, the court allowed Grace to testify and present “expert psychiatric testimony,” which testimony is required by 34-B M.R.S.A. § 3864(5)(F) (Pamph. 2003). Grace testified about Walter’s behavior at Spring Harbor and the medications that had been administered to Walter in the past. He also described the proposed treatment plan, which required Walter to agree to take his medications, and once Walter is stabilized on the medications, he would be discharged. Grace also described the possibility that, if Walter continued to refuse to take his medi *349 cations, further hospitalization may be necessary.

[¶ 6] Walter testified that he was not mentally ill and that he was taking some medications. He also stated that he was being medicated involuntarily in that medication was placed in his food and that he was given injections at night. He admitted to a history of suicide attempts.

[¶ 7] At the conclusion of the hearing, the court found that Walter was mentally ill and because of his illness posed a likelihood of serious harm. The court found that Spring Harbor had proven, “by clear and convincing evidence, that [Walter] suffers from schizophrenia, is symptomatic as reflected in the exhibits and testimony, presents a likelihood of serious harm to himself and others, is in need of hospitalization, and that the treatment plan offered by the hospital is satisfactory.” The court ordered Walter committed to Spring Harbor for a period not to exceed four months.

II. DISCUSSION

A. Mootness

[¶ 8] It is now more than four months since the date of Walter’s commitment on October 30, 2003. By statute, id. § 3864(7), and by the terms of the commitment order, Walter’s commitment could not exceed four months without further hearing, and, therefore, the order has expired. Walter’s appeal did not stay the execution of the commitment order. 34-B M.R.S.A. § 3864(11)(C) (1988). Although the parties have not raised the issue of mootness, we do so sua sponte.

[¶ 9] Because the term of Walter’s involuntary commitment has expired, his appeal should be dismissed as moot unless one of the exceptions to the mootness doctrine is present. The collateral consequences exception allows the review of a controversy where sufficient collateral consequences result from the appealed matter so as to justify relief. State v. Jordan, 1998 ME 174, ¶ 10, 716 A.2d 1004, 1006. The public interest exception permits questions of great public interest to be addressed to guide the bar and public. Young v. Young, 2002 ME 167, ¶¶ 8-9, 810 A.2d 418, 421-22. A third exception allows the review of matters that are repeatedly presented to trial courts, but they are of such short duration that they escape appellate review. In re Marcial O., 1999 ME 64, ¶¶ 9-10, 12, 728 A.2d 158, 161. Walter’s appeal comes within the collateral consequences and public interest exceptions.

[¶ 10] For criminal cases, the collateral consequences of a conviction are presumed in the mootness analysis, and the appeal of a criminal defendant from a conviction is reviewable even though the defendant has fully served the sentence. Jordan, 1998 ME 174, ¶¶ 12-13, 716 A.2d at 1007. Involuntary hospitalization commitments are similar to criminal convictions in that they not only result in a loss of liberty but they also carry collateral consequences. One collateral consequence of Walter’s involuntary commitment hearing is the fact that if he faces a second commitment proceeding, the term of commitment will be up to one year. 34-B M.R.S.A. § 3864(7) (Pamph. 2003). Given the evidence of Walter’s history of mental illness in this record, the possibility that he will face another mental health proceeding is not remote. Another consequence of the commitment order is the prohibition against possessing a firearm. 18 U.S.C.A. § 922(g)(4) (2000). 1

*350 [¶ 11] We did not recite the collateral consequences of an involuntary commitment to a mental health hospital in In .re Faucher, 558 A.2d 705 (Me.1989), and there we declined to apply - a mootness exception to Faucher’s appeal from his involuntary commitment. Because the Faucher case did not consider the specific consequences and simply concluded that no collateral consequences of significance were presented, we will not apply its holding to Walter’s appeal. 2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

A.S. v. Lincoln Health
2021 ME 6 (Supreme Judicial Court of Maine, 2021)
In re Involuntary Commitment of M.
2020 ME 99 (Supreme Judicial Court of Maine, 2020)
In Re Hospitalization of Naomi B.
435 P.3d 918 (Alaska Supreme Court, 2019)
In Re P.K.
Vermont Superior Court, 2018
Copp v. Town of Cumberland
Maine Superior, 2017
Guardianship of Alisha K. Golodner
2017 ME 31 (Supreme Judicial Court of Maine, 2017)
In re Steven L.
2014 ME 1 (Supreme Judicial Court of Maine, 2014)
In Re John D v. State of Maine
Maine Superior, 2012
In Re the Necessity for the Hospitalization of Joan K.
273 P.3d 594 (Alaska Supreme Court, 2012)
In Re Penelope W.
2011 ME 58 (Supreme Judicial Court of Maine, 2011)
In Re Christopher H.
2011 ME 13 (Supreme Judicial Court of Maine, 2011)
Gasque v. King
Maine Superior, 2005
In Re Walter R.
2004 ME 151 (Supreme Judicial Court of Maine, 2004)
In Re Kevin C.
2004 ME 76 (Supreme Judicial Court of Maine, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2004 ME 77, 850 A.2d 346, 2004 Me. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-walter-r-me-2004.