People v. Joseph M.

925 N.E.2d 1236, 398 Ill. App. 3d 1086, 339 Ill. Dec. 115, 2010 Ill. App. LEXIS 258
CourtAppellate Court of Illinois
DecidedApril 1, 2010
Docket5-09-0310
StatusPublished
Cited by20 cases

This text of 925 N.E.2d 1236 (People v. Joseph M.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Joseph M., 925 N.E.2d 1236, 398 Ill. App. 3d 1086, 339 Ill. Dec. 115, 2010 Ill. App. LEXIS 258 (Ill. Ct. App. 2010).

Opinion

PRESIDING JUSTICE GOLDENHERSH

delivered the opinion of the court:

Respondent, Joseph M., appeals an order finding him subject to the involuntary administration of psychotropic medications pursuant to section 2 — 107.1 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/2 — 107.1 (West 2008)) after he waived his right to a hearing. The State has filed a confession of error. Because the Mental Health Code does not contemplate or permit such a blanket waiver of all the procedural safeguards provided to respondents in proceedings on a petition for the involuntary administration of psychotropic medication, we reverse.

Prior to discussing the case, we note that the case could be considered moot, which would result in a lack of jurisdiction in the court to consider the appeal. The order at issue was entered on May 7, 2009, and expired 180 days later. See 405 ILCS 5/2 — 107.l(a—5)(5) (West 2008). Because the order appealed has expired, we cannot grant effective relief to respondent. We recognize that the reversal of the trial court’s order would not, in itself, purge respondent’s medical records of the fact of his treatment or the involuntary medication order. Nonetheless, we will address the questions raised in this appeal under the “public-interest exception” to the mootness doctrine. Our review recognizes that the duration of the order is “too short to be fully litigated prior to its cessation” (In re Alfred H.H., 233 Ill. 2d 345, 358, 910 N.E.2d 74, 82 (2009)), and yet, respondent’s history of mental illness virtually guarantees that he will be the subject of petitions for the involuntary administration of psychotropic medication in the future (see In re Mary Ann P, 202 Ill. 2d 393, 401-02, 781 N.E.2d 237, 242-43 (2002); In re Donrell S., 395 Ill. App. 3d 599, 603, 919 N.E.2d 512, 516 (2009)). His involuntary treatment could adversely affect him collaterally in the future. See In re Alfred H.H., 233 Ill. 2d 345, 362, 910 N.E.2d 74, 84 (2009) (the collateral-consequences exception applies where the reversal of the trial court’s order could provide a basis for a motion in limine that would prohibit any mention of the hospitalization during the course of another proceeding).

We also recognize that the State’s confession of error does not relieve this court of its duty to perform its judicial function by independently examining the errors confessed, in order to protect the public interest. Young v. United States, 315 U.S. 257, 258-59, 86 L. Ed. 832, 834-35, 62 S. Ct. 510, 511 (1942); In re Larry B., 394 Ill. App. 3d 470, 471, 914 N.E.2d 1243, 1244-45 (2009).

BACKGROUND

On April 30, 2009, Chester Mental Health Center (Chester) psychiatrist ES. Thakur, M.D., filed a petition seeking permission to administer involuntary treatment to respondent. The petition detailed respondent’s long history of mental illness and treatment, his criminal history, and his then-current mental status. It listed the medications that Dr. Thakur sought to administer to respondent and included the proposed dosages, their frequency and the mode of administration, and the monitoring tests that were required. On May 2, 2009, respondent was served with the petition. Although the petition stated that a 1999 Cook County criminal charge had not been withdrawn by the State in June 2007, when the defendant was declared permanently unfit to stand trial, there was no substantiation that respondent’s attorney had been served with the petition in compliance with section 2 — 107.1(a—5)(1) of the Mental Health Code (405 ILCS 5/2 — 107.1(a— 5)(1) (West 2008) (a respondent’s criminal defense attorney is to be notified of a hearing on a petition for the involuntary administration of psychotropic medication)). See In re Robert S., 213 Ill. 2d 30, 56, 820 N.E.2d 424, 439 (2004).

At the beginning of the May 7, 2009, hearing on the petition, respondent’s attorney, Jeremy Walker, addressed the court. He informed the court that he had met with respondent and had discussed with him the petition and his right to a hearing and that respondent had “expressed a desire to waive his right to the same.” The remainder of the hearing transcript is set out verbatim as follows:

“THE COURT: Mr. [M.], do you wish to give up your right to have a hearing this morning?
RESPONDENT [Joseph M.]: (Respondent [M.] nodding head.)
THE COURT: He’s shaking [sic] his head [‘]yes.[’] I’ll accept your waiver. It’s the order of the [c]ourt that the administration is authorized to administer psychotropic medications and the medication dosages set forth in this order for a period not to exceed 180 days.”

The judge signed a form order granting S.K. Suneja, M.D., a psychiatrist at Chester, the authority to administer involuntary treatment to respondent. The judge made no findings of fact for the record.

On June 3, 2009, Barbara A. Goeben, staff attorney for the Illinois Guardianship and Advocacy Commission, entered her appearance on behalf of respondent and filed a motion to reconsider the grant of the petition. She argued that an order for the involuntary administration of psychotropic medication cannot be entered without the entry of written findings of fact that are sufficient to determine the basis for the involuntary medication order. She cited section 3 — 816 of the Mental Health Code (405 ILCS 5/3 — 816 (West 2008)) and this court’s decision in In re James S., 388 Ill. App. 3d 1102, 904 N.E.2d 1072 (2009), a copy of which was appended to the pleading, in support of the motion. The judge denied the motion to reconsider.

STANDARD OF REVIEW

Generally, a trial court’s order permitting the involuntary administration of psychotropic medication will not be reversed unless it is against the manifest weight of the evidence. In re C.S., 383 Ill. App. 3d 449, 451, 890 N.E.2d 1007, 1010 (2008). “A judgment will be considered against the manifest weight of the evidence ‘only when an opposite conclusion is apparent or when the findings appear to be unreasonable, arbitrary, or not based on evidence.’ ” In re Louis S., 361 Ill. App. 3d 774, 779, 838 N.E.2d 226, 231 (2005), quoting In re John R., 339 Ill. App. 3d 778, 781, 792 N.E.2d 350, 353 (2003).

CONTENTIONS ON APPEAL

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Cite This Page — Counsel Stack

Bluebook (online)
925 N.E.2d 1236, 398 Ill. App. 3d 1086, 339 Ill. Dec. 115, 2010 Ill. App. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-joseph-m-illappct-2010.