People v. Wendy T.
940 N.E.2d 237
Ill. App. Ct.2010Background
- Respondent Wendy T. was admitted to EMHC for fitness-related issues and faced a petition to involuntarily administer psychotropic medication for 90 days under 405 ILCS 5/2-107.1(a-5)(5).
- Prior to the hearing, Wendy sought to represent herself; court found she lacked capacity to waive counsel.
- Dr. Susnjar diagnosed Wendy with bipolar disorder with psychotic features, noting disorganized thinking and impairment in decision-making.
- Dr. Susnjar sought authorization for multiple antipsychotic medications and testified Wendy could not make a reasoned decision due to illness and denial of illness.
- The trial court found clear and convincing evidence of the required 2-107.1(a-5)(4) factors, including deterioration of functioning and capacity to decide, and granted the petition.
- The appellate court ultimately held the appeal moot but affirmed the trial court’s order under collateral-consequences considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wendy had capacity to waive counsel | Wendy lacked capacity to waive counsel | Wendy could understand the role of counsel and make a waiver | Trial court did not err; Wendy lacked capacity to waive counsel |
| Whether there was clear and convincing evidence Wendy lacked capacity to decide on medications | State proved lack of capacity | Wendy could understand some options and consequences | Yes, clear and convincing evidence supported lack of capacity to make a reasoned decision |
| Whether Wendy’s deteriorated ability to function was proven | Deterioration shown by functioning and behavior in court | Arguments based on isolated incidents are insufficient | Yes, record supported deterioration due to mental illness |
| Mootness of the appeal | Appeal challenging 90-day order can be reviewed | No ongoing controversy since period expired | Appeal moot; collateral-consequences exception applied to permit review of some issues |
Key Cases Cited
- In re Israel, 278 Ill.App.3d 24 (1996) (capacity to make treatment decisions; factors for reasoned decision-making)
- Barbara H., 183 Ill.2d 482 (1998) (counsel-waiver under involuntary treatment standards; due process)
- In Evelyn S., 337 Ill.App.3d 1096 (2003) (competency to waive counsel in involuntary contexts)
- In re Alfred H.H., 233 Ill.2d 345 (2009) (collateral-consequences and review framework for involuntary treatment)
- In re David S., 386 Ill.App.3d 878 (2008) (standards for determining necessity of involuntary psychotropic treatment)