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New Mexico Department of Health v. Compton6/14/2000
Respondent, Fred Compton, appeals from the district court's orders granting two petitions under the Mental Health and Developmental Disabilities Code (the Code). See NMSA 1978, §§ 43-1-1 to 43-1-25 (1977 as amended through 1999). Respondent argues that the orders should be reversed and vacated because the petitions were not heard by the district court within the statutory deadlines. We affirm.
Background and Facts
The relevant facts in this case are undisputed. Respondent was admitted to Las Vegas Medical Center (LVMC) on February 18, 1999, under the provisions of Section 43-1-10, which provide for emergency, involuntary commitments. On February 22, 1999, the Department of Mental Health (Department) filed a Petition for a Thirty Day Commitment for Mental Health Evaluation and Treatment, under the authority of Section 43-1-11(A), and a Petition for Appointment of a Treatment Guardian for an Adult, under the authority of Section 43-1-15(B). The district court set a hearing on both motions for February 25, 1999, within the seven-day emergency period set forth in Section 43-1-11(A) and within the three-day period set forth in Section 43-1-15(B). On February 25, 1999, however, the district court entered an order continuing the hearing until March 4, 1999, because the trial judge was ill.
At the hearing on March 4, 1999, Respondent's counsel moved to dismiss the petitions on the basis that Respondent had been more than seven days at LVMC without a hearing, contrary to the statutory requirements. The district court asked Respondent's attorney to explain what remedy Respondent had if grounds for commitment existed, and Respondent's counsel replied, "That he doesn't receive the treatment which he, in accordance with the doctor's testimony, requires." The court granted both of the Department's petitions. LVMC discharged Defendant on March 25, 1999. This appeal followed.
Discussion
Respondent raises three issues on appeal: (1) Respondent's rights were violated because he did not receive a hearing within seven days of his involuntary commitment, (2) Respondent's rights were violated because he did not receive a hearing on the appointment of a treatment guardian within three days of service upon Respondent, and (3) this case is not moot, even though Respondent has since been discharged from LVMC.
We review whether the statutory requirements of Sections 43-1-11(A) and 43-1-15(B) are mandatory as a question of law and determine whether the district court correctly applied the law to the facts of this case. See Romero Excavation & Trucking, Inc. v. Bradley Constr., Inc., 1996-NMSC-010, 5, 121 N.M. 471, 913 P.2d 659.
Section 43-1-10 of the Code provides that a peace officer may detain a person for an emergency mental health evaluation under certain specific circumstances. However, when a person is involuntarily admitted to an evaluation facility under Section 43-1-10, Section 43-1-11(A) states that the person "has the right to a hearing within seven days of admission unless waived after consultation with counsel." Section 43-1-11(A) also states that if the evaluation facility "decides to seek commitment of the client for evaluation and treatment" for a further thirty days, a petition seeking such commitment "shall be filed with the court within five days of admission." Additionally, Section 43-1-15(B) requires that when a mental health professional petitions the court for the appointment of a treatment guardian, " hearing on the petition shall be held within three court days."
LVMC released Respondent on March 25, 1999, thus potentially mooting this appeal. Respondent, however, argues that thi
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