In re Eric H.

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0317 Rel

Case Date: 04/14/2010

Preview:CONSOLIDATED NO. 5-08-0317
NOTICE Decision filed 04/14/10. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ In re ERIC H., Alleged to Be a Person Subject to Involuntary Administration of Psychotropic Medication ) Appeal from the Circuit ) Court of Randolph County. ) ) Nos. 08-MH-95 & 08-MH-164 (The People of the State of Illinois, Petitioner- ) Appellee, v. Eric H., Respondent-Appellant). ) Honorable William A. Schuwerk, Jr., ) Judge, presiding. ________________________________________________________________________ PRESIDING JUSTICE GOLDENHERSH delivered the opinion of the court: In the circuit court of Randolph County, successive petitions were filed under the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/2107.1 (West 2008)), requesting the involuntary administration of psychotropic medications to respondent, Eric H. The circuit court granted both petitions. Eric H.'s appeals were consolidated. On appeal, Eric H. contends that the petitions were defective because no notice was provided to his counsel in the circuit court where he had been acquitted by reason of insanity. We vacate the orders. FACTS At the time he filed these appeals, Eric H. was a patient at the Chester Mental Health Center. On May 15, 2008, a psychiatrist filed a petition for the administration of authorized involuntary treatment, alleging that Eric H. had refused to submit to treatment by pyschotropic medication and that he lacked the capacity to give informed consent (Randolph County No. 08-M H-95). The petition stated that Eric H. had been transferred from the Sangamon County jail as a not-guilty-by-reason-of-insanity patient. The petition noted as follows: "Legal Status: NGRI for Bank Robbery. Thiem date is 12/2008."

disposition of the same.

1

On the date the petition was filed, the circuit court entered an order setting the matter for a hearing and appointing a public defender to represent Eric H. The order had a box checked requiring the following: "2. Notice of the time and place of hearing shall be sent by the Clerk of the Court to all required and appropriate persons." On May 28, 2008, the court heard argument on the petition. The hearing ended with the following colloquy: "[ERIC H.:] I was going to say one more thing, that my legal attorney on my petition for discharge has never been notified of these proceedings. THE COURT: I don't see any petition for discharge in this file, [Eric H.]. [ERIC H.:] That

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