In Re the Necessity for the Hospitalization of Mark V.
2014 Alas. LEXIS 104
| Alaska | 2014Background
- November 2011: superior court issued a 30-day involuntary civil-commitment order for Mark V. after an evidentiary hearing finding a substantial risk to others.
- Mark had a history of multiple involuntary commitments (one in 2002 and four in 2011) before the challenged order.
- Hearing occurred on November 10, 2011; psychiatrists diagnosed mental illness and testified Mark posed a threat if released.
- The commitment was to API for up to 80 days; Mark was later released after the commitment period expired.
- This appeal challenges sufficiency of the evidence supporting the November 2011 order; the period has expired, rendering the appeal moot absent an exception.
- The court dismissed the appeal as moot, finding collateral consequences were not shown to justify review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral consequences justify review of a moot commitment order | Mark relies on Joan K. collateral consequences | No plausible collateral consequences from the November 2011 order | Collateral consequences do not justify review here. |
| Whether AS 47.30.850 provides an alternative remedy that defeats mootness | Remedies expungement/sealing may avert collateral consequences | Statute may provide relief, thus mootness not defeated | Statutory remedies exist; mootness not overcome. |
| Whether AS 47.30.765 (right to appeal) overrides mootness | Respondent has a statutory right to appeal | Mootness doctrine controls; right does not compel merits review | AS 47.30.765 does not compel merits review of a moot order. |
| Whether the court should vacate the challenged order | Vacatur would address potential collateral consequences | No automatic vacatur for moot orders | Court declines to vacate. |
Key Cases Cited
- In re Joan K., 273 P.3d 594 (Alaska 2012) (adopts collateral consequences exception to mootness; outlines considerations for collateral effects)
- In re Jeffrey E., 281 P.3d 84 (Alaska 2012) (applies collateral consequences exception to mootness where appropriate)
- Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007) (establishes mootness framework for involuntary commitment cases)
- Peter A. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 146 P.3d 991 (Alaska 2006) (discusses expungement/relief context and collateral consequences)
- Ulmer v. Alaska Rest. & Beverage Ass'n, 33 P.3d 773 (Alaska 2001) (mootness principles reference)