In re F.S.
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The Supreme Court reversed the judgment of the district court involuntarily committing Respondent to the Montana State Hospital, holding that the waiver of Respondent's presence at the initial hearing on the State's petition was invalid.
The Flathead County Attorney filed a petition for involuntary commitment, and the district court convened an initial appearance. Respondent, who suffered from vascular dementia and was hard of hearing, was not present in court, and his counsel asked to waive his presence at the initial hearing. The district court agreed to waive the initial appearance. After a hearing, the court found that Respondent suffered from a mental disorder and required commitment. The Supreme Court reversed, holding (1) the district court did not meet the statutory standards when it accepted counsel's waiver of Respondent's presence; and (2) the error prejudiced Respondent's substantial rights and compromised the integrity of the judicial process required in commitment proceedings.
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