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People v. Maher7/21/2000
IN THE COURT OF APPEALS OF THE STATE OF ILLINOIS
In March 1999, the trial court found respondent, Christopher Maher, subject to involuntary admission to a mental health facility. Respondent appeals, arguing that (1) the trial court questioned a witness in chambers ex parte and then called the witness to testify, becoming an advocate for the State and depriving him of a fair trial, (2) the trial court misapplied the standard of proof and placed the burden of proof on respondent, (3) the State failed to prove by clear and convincing evidence he was subject to involuntary commitment, (4) his commitment was not in compliance with the emergency-admission-by-certificate procedures of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-600 et seq. (West 1998)), and multiple procedural deficiencies occurred in transferring him to the mental health center. We affirm.
I. BACKGROUND
On March 16, 1999, a petition for emergency admission by certificate was filed by a crisis therapist pursuant to section 3-601 of the Mental Health Code (405 ILCS 5/3-601 (West 1998)) on the grounds respondent was mentally ill and, because of his illness, was reasonably expected to inflict serious physical harm on himself or another in the near future. Two certificates supporting the petition were prepared and filed that day. The certificates were prepared by an emergency room physician at BroMenn Hospital and by Dr. Robert Scott Hamilton, a psychiatrist. The certificates contained allegations respondent had barricaded or "isolated" himself in his room at his parents' house and threatened his parents.
A hearing on the petition took place on March 19. Stephen Maher, respondent's father, testified respondent began engaging in "aberrant behavior" as an adolescent. Respondent verbally harassed and physically abused his younger brothers and sister "beyond that which might have been expected of * an adolescent." In 1977, Stephen and his wife obtained counseling for respondent and the family. The counselor diagnosed respondent with "passive-aggressive disorder." Counseling was discontinued after several months because respondent was uncooperative.
Stephen stated respondent continued to engage in violent behavior, such as breaking items, kicking doors, and beating his brothers and sister. At one time Stephen attempted to pull respondent away from his brother, who was eight years younger than respondent, and respondent struck a blow to Stephen's forehead, breaking his eyeglasses. On another occasion, Stephen's daughter called him at work because respondent had been "violent to her" and, when Stephen returned home, he found respondent had cut his sister's hand with a knife.
Respondent abused alcohol, drove his car through the family's yard and verbally abused his family with "loud and distasteful language." Stephen testified respondent was convicted of either aggravated assault or aggravated battery for assaulting a video store clerk who tried to detain him when he stole some merchandise. Respondent was also convicted of multiple incidents of driving under the influence of alcohol and driving while license revoked, spending periods of incarceration in the county jail. He was found to be unfit to stand trial in a criminal case and hospitalized for several months until he was found to be fit. A psychologist who evaluated respondent at that time diagnosed him with organic brain disorder induced by drug abuse as opposed to head trauma. At that time, respondent was using cannabis, lysergic acid diethylamide (LSD), and cocaine. Respondent was convicted and sentenced to four years in the correctional facility at Dixon but only served six months.
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