In Re MH 2007-000629 – 6/3/2008

June 10, 2008

Arizona Court Of Appeals Division One Holds That Patient May Be Removed From Commitment Hearing For Disruptive Behavior Without Advance Warning.

The Arizona Appeals Court affirmed.  The Court rejectedNancy’s argument that, before a patient may be removed from a committee hearing held pursuant to A.R.S. § 36-539, due process requires that a specific warning be given that further disruptive behavior will result in removal.  While the Court agreed that such a warning is “desirable” and “the best practice,” the Court concluded that it is within the trial judge’s discretion whether to issue a warning where, as here, the “court-issued warning may not . . . be recognized or understood by a patient.”         

Judge Irvine authored the opinion; Judges Barker and Johnsen concurred.