In re Benny M.

Illinois Appellate Court
Civil Court
Fair Trial
Citation
Case Number: 
2015 IL App (2d) 141075
Decision Date: 
Monday, November 2, 2015
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed.
Justice: 
SCHOSTOK
Court granted State's petition to subject him to involuntary treatment with psychotropic medication. Respondent was denied a fair trial when court denied his request to remove his shackles during the hearing, without making any findings that such shackling was necessary. Court did not explicitly make any findings supporting shackling, and court conducted almost no independent assessment of factors involved in shackling decision; thus, court abused its discretion in ordering continued shackling of Respondent. Appeal falls within exceptions to mootness doctrine, as it is capable of repetition yet evades review, public interest exception applies, and there is uncertainty as to whether same factors must be considered when proceeding is a civil proceeding in which fundamental rights of Respondent are at issue. (ZENOFF and SPENCE, concurring.)