In re J.S.W., 303 P.3d 741

J.S.W. voluntarily admitted herself to the Behavioral Health Unit at St. Peter’s Hospital on March 2, 2012 following a disturbance.
After six days of voluntary commitment, the county attorney petitioned for commitment for further evaluation and treatment.
District Court appointed a friend of the respondent and the Office of Public Defender to represent J.S.W.; a hearing was scheduled.
State witness Hemion testified to two working diagnoses (mood disorder NOS and dementia), noted dangerousness and recommended involuntary commitment with medication.
The court found a mental disorder requiring treatment and placed J.S.W. at the Montana State Hospital as the least restrictive appropriate placement, for up to 90 days with a treatment order including involuntary medication.
On appeal, J.S.W. challenges (1) whether plain error review should apply to alleged constitutional rights violations and (2) whether she received ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should plain error review apply to the constitutional-rights claim?	J.S.W. argues the time limit on testimony violated her right to testify.	State contends there was no error and no actual restriction that harmed the proceedings.	Plain error review not warranted; no underlying violation established.
Was there ineffective assistance of counsel?	Counsel failed to object to the three-minute time limitation on testimony.	Counsel adequately represented J.S.W. and trial record shows effective advocacy.	Not denied; counsel acted as a vigorous advocate and no substantial showing of ineffective representation.

Gunderson, 2010 MT 166 (Mont. 2010) (plain error review limited; fundamental-rights focus)
In re D.K.D., 360 Mont. 76 (Mont. 2011) (mootness and repetition exceptions in involuntary proceedings)
In re D.M.S., 349 Mont. 257 (Mont. 2009) (mootness/constitutional review considerations)
In re Mental Health of D.V., 340 Mont. 319 (Mont. 2007) (mootness and related standards in mental health cases)
Whipple, 2001 MT 16 (Mont. 2001) (two-part plain-error test standard)
Longfellow, 2008 MT 343 (Mont. 2008) (plain-error framework and review standards)
Rock v. Arkansas, 483 U.S. 44 (U.S. 1987) (right to testify in one's own defense)
Faretta v. California, 422 U.S. 806 (U.S. 1975) (due-process basis for right to testify)
In re C.R.C., 2012 MT 258 (Mont. 2012) (standards for effective assistance in involuntary commitment)
In re TJF, 2011 MT 28 (Mont. 2011) (attorney role in involuntary commitments; five critical factors)