In re A.M.Annotate this Case
The State filed a petition for involuntary commitment of A.M. The district court appointed the Office of the State Public Defender to represent A.M. No friend was appointed. At an initial hearing at which A.M. appeared with counsel via video conferencing, A.M. stipulated that he had a mental disorder from a traumatic brain injury. The district court approved the stipulation. The court then found there was sufficient evidence in the record, together with the parties’ stipulation, that A.M. had a mental disorder requiring commitment. The court entered an order mandating that A.M. be committed to the Montana State Hospital. A.M. appealed, arguing that the district court erred when it issued the commitment order without obtaining from him an intentional and knowing waiver of his procedural rights as required by Mont. Code Ann. 53-21-119(1). The Supreme Court reversed the order of A.M.’s commitment, holding that no evidence was presented and no record was made in this case establishing a knowing and intentional waiver of A.M.’s procedural rights.