Mouliom v. Northeast Florida State Hospital
128 So. 3d 979
Fla. Dist. Ct. App.2014Background
- Patricia Mouliom sought review of a final order continuing involuntary inpatient placement under the Baker Act.
- A hearing on the June 2013 petition to continue involuntary placement was held July 11, 2018, while Mouliom was not physically present but was represented by an assistant public defender as required by statute.
- At the outset, the court questioned Mouliom’s attendance; counsel requested a waiver of Mouliom’s presence, which the court granted.
- The ALJ heard evidence from a facility psychiatrist and Mouliom’s mother, and issued an order continuing placement for six months.
- Mouliom appealed, arguing fundamental due-process error due to her absence and insufficient waiver inquiry; the court agreed and reversed for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of waiver of presence | Mouliom did not knowingly and intelligently waive. | Waiver was valid based on counsel’s waiver and court inquiry. | Waiver invalid; record insufficient to show knowing, intelligent, voluntary waiver. |
| Adequacy of ALJ inquiry on waiver and capacity | No inquiry into right to be present or mental state; waiver invalid. | ALJ conducted some inquiry and relied on counsel’s waiver. | Inquiry insufficient; required explicit determination of capacity and understanding. |
| Effect of absence on due-process rights at continuing commitment hearing | Patient has fundamental right to be present at periodic commitment hearings. | Presence can be waived with proper inquiry; absence does not always invalidate. | Reversed and remanded for proper proceedings consistent with due-process requirements. |
Key Cases Cited
- Register v. State, 946 So.2d 50-51 (Fla. 1st DCA 2006) (fundamental right to be present at involuntary commitment hearing may be raised on appeal)
- Brown v. State, 953 So.2d 688 (Fla. 1st DCA 2007) (patient has fundamental right to be present at commitment hearings)
- Johnson v. State, 750 So.2d 22 (Fla.1999) (waiver invalid if defendant unaware of right)
- Turner v. State, 530 So.2d 45 (Fla.1988) (cannot knowingly waive a right of which one is unaware)
- State v. Williams, 731 So.2d 635 (Fla.1999) (record must show awareness of right being waived)