2020 ME 39
Me.2020Background
- K. was arrested (June 19, 2019) on burglary and theft charges and, after a mental health exam, was transferred to the Maine State Prison mental health unit (July 29, 2019).
- The Department of Corrections filed an application under 34‑A M.R.S. § 3049 seeking involuntary antipsychotic medication and an emergency ex parte order; the application was supported by one prescribing psychiatrist and a second qualifying psychiatrist as required.
- The court granted an ex parte emergency order authorizing immediate medication and scheduled a hearing within ten days; the initial hearing was continued so the supporting psychiatrist could appear.
- After a continued hearing, the court found by clear and convincing evidence that statutory grounds for involuntary medication were met and ordered 120 days of treatment (Aug. 12, 2019).
- K. timely appealed, alleging evidentiary and procedural errors at the hearing; by the time of appellate briefing K. was no longer at the prison unit, the 120‑day order had expired, and K. had been found incompetent to stand trial.
- The Supreme Judicial Court dismissed the appeal as moot, concluding none of the mootness exceptions applied, and therefore did not reach the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Justiciability / Mootness | Appeal remains justiciable; exceptions to mootness apply (questions of public concern; capable of repetition) | Appeal is moot: K. is no longer subject to the order and would receive no practical relief | Appeal dismissed as moot; exceptions to mootness not satisfied |
| Evidentiary and procedural errors at the involuntary‑treatment hearing | Trial errors occurred (e.g., objections to testimony; continuance and witness issues) and should be reviewed on appeal | Either procedures were proper or, alternatively, appeal is moot so errors need not be addressed | Court declined to reach the merits of these contentions because the appeal is moot |
Key Cases Cited
- Anthem Health Plans of Me., Inc. v. Superintendent of Ins., 18 A.3d 824 (discusses mootness and when judicial resources should be applied)
- In re Involuntary Treatment of S., 221 A.3d 135 (addresses mootness doctrine in involuntary treatment appeals)
- In re Steven L., 153 A.3d 764 (notes best practice of seeking expedited appellate review where mootness is looming)
