In re Marcus S.

Illinois Appellate Court
Civil Court
Involuntary Commitment
Citation
Case Number: 
2022 IL App (3d) 170014
Decision Date: 
Tuesday, January 18, 2022
District: 
3d DIst.
Division/County: 
LaSalle Co.
Holding: 
Reversed.
Justice: 
HOLDRIDGE

Trial court ordered respondent be committed to an inpatient mental health treatment facility and be submitted to involuntary treatment through the administration of psychotropic medications. Respondent appealed, arguing that the State’s petitions were untimely, that the State failed to present evidence pertaining to essential elements of the statutes, and that he was denied the effective assistance of counsel. The appellate court reversed, finding that the State failed to follow the requirements of the applicable statutes and that he was denied the effective assistance of counsel. The appellate court further found that the issues were not moot under the “capable of repetition” exception to the mootness doctrine. Justice Schmidt dissented, arguing that the appeal was moot. (LYTTON, concurring. SCHMIDT, dissenting)