In re Christine R., 2019 IL App (3d) 180264

Christine R., a 67-year-old with a long history of schizoaffective disorder/bipolar type, was the subject of State petitions for involuntary admission and psychotropic medication after erratic behavior and neighbor complaints.
At the May 1, 2018 commitment hearing Christine repeatedly interrupted witnesses and the court; the judge recessed, had Christine removed for disruptive conduct, and the hearing resumed without her.
Christine’s attorney stated she could represent Christine in her absence; the court found Christine’s presence would be disruptive and excused her; the court then found Christine subject to 90-day involuntary commitment.
The court immediately proceeded to the involuntary-medication hearing; Christine was not present, counsel requested waiver of her presence, and the court granted the medication order.
On appeal the court applied mootness exceptions and reversed: it held the trial court violated the Mental Health Code by permitting both hearings to proceed without the statutorily required findings or an express waiver of Christine’s presence, vacating the commitment and medication orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness of appeal	Orders expired but public-interest and repetition exceptions apply	Case is moot and should be dismissed	Court applied public-interest and capable-of-repetition exceptions and reached merits
Right to be present at hearings	Removal and proceeding in absence were justified by disruptive conduct and counsel could represent her	Court violated statutory right under 405 ILCS 5/3-806; counsel did not expressly waive and court made no required "clear showing" of substantial risk of physical or emotional harm	Reversed: statutory right to be present violated; commitment order reversed
Waiver by counsel / adequacy of proceeding in absence	Counsel said she could adequately represent Christine, permitting continuation	Counsel never expressly waived Christine’s presence; record lacks finding that Christine refused or that presence posed substantial harm	Court found counsel’s statement insufficient as an express waiver and remanded by reversing orders
Medication order dependent on commitment	Medication order independently proper given testimony of lack of capacity	Medication order cannot stand if commitment order vacated	Medication order vacated as derivative of reversed commitment order

In re Mary Ann P., 202 Ill. 2d 393 (2002) (civil-commitment procedures are matters of public concern)
In re Alfred H.H., 233 Ill. 2d 345 (2009) (standards for public-interest exception to mootness)
Illinois v. Allen, 397 U.S. 337 (1970) (court may remove disruptive defendant after warning; may allow return if able to behave)
In re Barbara H., 288 Ill. App. 3d 360 (1997) (respondent may be excluded when conduct is so disruptive as to necessitate removal)
In re Barbara H., 183 Ill. 2d 482 (1998) (standards for capable-of-repetition-yet-avoiding-review)
In re Daryll C., 401 Ill. App. 3d 748 (2010) (hearing may proceed in respondent’s absence where respondent was informed and free to return)
In re James, 67 Ill. App. 3d 49 (1978) (removal without required finding of harm denies statutory right to be present)
In re John N., 364 Ill. App. 3d 996 (2006) (medication order vacated when commitment order reversed)