In Re Penelope W., 19 A.3d 813

Penelope W. was hospitalized involuntarily at Acadia Hospital in March 2008 after DDPC petitioned for continued confinement.
District Court held Penelope’s hospitalization could continue at DDPC for up to ninety days based on mental illness and likelihood of harm.
Penelope asked to represent herself; the court required representation by counsel, focusing on her mental condition.
On review, the Superior Court denied the appeal for failure to preserve claims and on the merits.
Penelope I (2009 ME 81) remanded for appointment of counsel and further proceedings; Penelope was discharged from the commitment in July 2008.
The collateral consequences exception to mootness applies, so the claim is not moot despite discharge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Penelope preserved the self-representation argument.	Penelope raised pro se requests; merits should be reached.	District Court properly required counsel and Penelope did not preserve the self-representation issue.	Preserved on appeal; merits addressed.
Whether the statute requiring counsel at involuntary commitment violates the Maine Constitution.	Counsel requirement infringes on self-representation rights.	Statutory requirement is constitutional; protects due process.	Constitutional under Maine Constitution.

In re Penelope W. (Penelope I), 2009 ME 81 (Me. 2009) (held counsel required at all stages of involuntary commitment; policy basis for representation)
Kenny v. Dep't of Human Servs., 1999 ME 158 (Me. 1999) (statute presumed constitutional; burden on challenger)
State v. Thomas, 2010 ME 116 (Me. 2010) (de novo review of constitutional challenges)
Addington v. Texas, 441 U.S. 418 (Sup. Ct. 1979) (distinguishes civil commitment from criminal prosecutions; due process considerations)
Indiana v. Edwards, 554 U.S. 164 (Sup. Ct. 2008) (limits self-representation when competence is lacking)
In re Walter R., 2004 ME 77 (Me. 2004) (mootness exception for collateral consequences)