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Judges uphold involuntary commitment

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When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.

A.J. challenged his commitment to Logansport State Hospital after he was initially committed because of incompetency to stand trial. A.J. had many health issues, including deafness and partial blindness, hypothyroidism, and an IQ of 65. He was on probation for a criminal confinement conviction when he was charged with two counts of child molesting. The trial court ordered him evaluated, and the two psychiatrists found it unlikely A.J. would ever be restored to competence to stand trial.

A.J. was ordered committed to Logansport State Hospital. Hospital staff later petitioned for A.J. to remain at Logansport, alleging he suffered from a psychiatric disorder, a developmental disability, and that he was gravely disabled. The trial court granted the petition for involuntary commitment, finding him to be dangerous.

In A.J. v. Logansport State Hospital, No. 66A05-1012-MH-805, A.J. claimed that Logansport didn’t follow the requirements of I.C. 12-26-7-3, which says a commitment petition proceedings record must include a report from a community mental health center. A.J.’s petition includes a report from Logansport, which he claims is a state institution and not a CMHC.

After examining the definitions of state institution and CMHC, the Court of Appeals concluded that in this case, a state institution may be considered a CMHC for purposes of providing the report. The judges also concluded that there is sufficient evidence to support the finding that A.J. is dangerous.

The appellate court also held that in determining whether regular commitment to a state institution is appropriate for a patient against whom criminal charges are pending, the trial court’s mere consideration of the state’s interest in restoring competency doesn’t per se violate the patient’s due process rights. But, the state’s interest in providing restoration services must also be legitimate, wrote Judge Terry Crone.

A.J. can’t be held perpetually at Logansport solely for competency rehabilitation services if he isn’t expected to attain competency in the foreseeable future, wrote the judge. The judges affirmed his commitment, and noted that trial court must review his care and treatment at least on an annual basis.

Judge L. Mark Bailey concurred in a separate opinion, to express concerns he has written about in a past decision regarding the adequacy of current criminal justice procedures to resolve issues presented by defendants with chronic mental illness.

“Assuming that A.J. ever attains competency, the resolution of the pending criminal charges will likely turn on whether, at the time of the alleged acts of molestation, A.J.’s mental disease was such that he cannot be held criminally responsible for his actions. This is where defendants like A.J. fall into Indiana’s twin ‘black holes’ of incompetency to assist defense counsel and competency restoration services,” he wrote. “There are no simple answers in the treatment of chronic mental illness, whether in a criminal or civil context, but A.J.’s case is an example of an area where the law must do better.”
 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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