By Kevin Murphy
For the Times
MADISON - A Green County judge will have to put his reasons on record for forcing a woman, involuntarily committed to a mental health facility, to take a medication, a state appeals court ruled Thursday, May 31.
The District 4 Court of Appeals concluded that Circuit Judge James Beer failed to adequately state why the woman, identified as Janeen, should be ordered to take Clozapine to help control her mental illness.
Janeen was involuntarily committed in January 2001 after Green County Department of Health Service had filed a petition for mental commitment. Years later, she didn't contest her subsequent recommitment. However, Janeen contends through her attorney that she is capable of understanding the consequences regarding accepting medication, which are grounds developed in case law that demonstrate an individual is making an informed choice. Janeen also stated that she is competent to regulate her doses of Clozapine, which she says makes her too drowsy in the morning.
Clozapine is used to treat psychotic disorders including schizophrenia.
At her recommitment hearing, the county presented testimony of Dr. Patricia Jens who said Janeen should be ordered to take medication but she isn't competent to make that decision. Clozapine would help control her mental illness and the lower doses Janeen had taken in the past resulted in her becoming more paranoid, Jens stated.
While the county has the burden to show that a patient should be involuntarily administered medication, Beer didn't make findings whether Jens explained to Janeen the consequences of taking the medication, according to the appeals opinion.
Beer presented his conclusions but not the findings on which they were based, District 4 Judge Paul Higginbotham stated.
"We conclude that we cannot decide based on the current state of the factual record whether Janeen should be involuntarily ordered to receive medication. We therefore conclude that the trial court erred in ordering the involuntary medication of Janeen," Higginbotham wrote in a seven-page opinion.
Joseph Ehmann, a spokesman for the state public defender's office, said returning the case to Beer makes it a virtual "do-over."
"Both parties get to present their side and anything can happen regarding the amount or whether the medication can be forced," he said.
Green County Corporation Counsel Brian Bucholtz wasn't available for comment Thursday afternoon.
Higginbotham ordered that Janeen's forced medication continue for 20 days until another hearing can be held.
For the Times
MADISON - A Green County judge will have to put his reasons on record for forcing a woman, involuntarily committed to a mental health facility, to take a medication, a state appeals court ruled Thursday, May 31.
The District 4 Court of Appeals concluded that Circuit Judge James Beer failed to adequately state why the woman, identified as Janeen, should be ordered to take Clozapine to help control her mental illness.
Janeen was involuntarily committed in January 2001 after Green County Department of Health Service had filed a petition for mental commitment. Years later, she didn't contest her subsequent recommitment. However, Janeen contends through her attorney that she is capable of understanding the consequences regarding accepting medication, which are grounds developed in case law that demonstrate an individual is making an informed choice. Janeen also stated that she is competent to regulate her doses of Clozapine, which she says makes her too drowsy in the morning.
Clozapine is used to treat psychotic disorders including schizophrenia.
At her recommitment hearing, the county presented testimony of Dr. Patricia Jens who said Janeen should be ordered to take medication but she isn't competent to make that decision. Clozapine would help control her mental illness and the lower doses Janeen had taken in the past resulted in her becoming more paranoid, Jens stated.
While the county has the burden to show that a patient should be involuntarily administered medication, Beer didn't make findings whether Jens explained to Janeen the consequences of taking the medication, according to the appeals opinion.
Beer presented his conclusions but not the findings on which they were based, District 4 Judge Paul Higginbotham stated.
"We conclude that we cannot decide based on the current state of the factual record whether Janeen should be involuntarily ordered to receive medication. We therefore conclude that the trial court erred in ordering the involuntary medication of Janeen," Higginbotham wrote in a seven-page opinion.
Joseph Ehmann, a spokesman for the state public defender's office, said returning the case to Beer makes it a virtual "do-over."
"Both parties get to present their side and anything can happen regarding the amount or whether the medication can be forced," he said.
Green County Corporation Counsel Brian Bucholtz wasn't available for comment Thursday afternoon.
Higginbotham ordered that Janeen's forced medication continue for 20 days until another hearing can be held.