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In re M.K.S.

Supreme Court of Montana

May 26, 2015

IN THE MATTER OF: M.K.S., Respondent and Appellant

Submitted on Briefs: April 15, 2015.

Released for Publication June 11, 2015.

Page 28

APPEAL FROM: District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DI 07-54. Honorable Robert L. Deschamps, III, Presiding Judge.

For Appellant: Wade Zolynski, Chief Appellate Defender; Kristen L. Larson, Assistant Appellate Defender, Helena, Montana.

For For Appellee: Timothy C. Fox, Montana Attorney General, Mardell Ployhar, Assistant Attorney General, Helena, Montana; Kirsten H. Pabst, County Attorney, Erica Grinde, Deputy County Attorney, Missoula, Montana.

LAURIE McKINNON. We concur: MIKE McGRATH, MICHAEL E WHEAT, JAMES JEREMIAH SHEA, JIM RICE. Justice Laurie McKinnon delivered the Opinion of the Court.

OPINION

Page 29

[379 Mont. 294] Laurie McKinnon, Justice.

[¶1] M.K.S. appeals from an Involuntary Mental Health Commitment Order entered by the Fourth Judicial District, Missoula County, committing her to the Montana State Hospital (MSH) for a period of not more than three months. We affirm.

[¶2] We restate the issue on appeal as follows:

Whether the failure of the professional person to file a statutorily-required written report in M.K.S.'s civil commitment proceeding was plain error.

FACTUAL AND PROCEDURAL BACKGROUND

[¶3] M.K.S. has a long history of treatment for schizophrenia and other mental health illnesses. In addition to being regularly subject to community commitments, primarily at the Western Montana Mental Health Center (WMMHC), M.K.S. has been hospitalized at the MSH on numerous occasions. District Court Judge Robert L. Deschamps has presided over M.K.S.'s proceedings since ...


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