to close the hearing to the public and i know i would like to introduce this concha you is present in court today and she understands that this is just legal argument but she knows that we're going to be discussing  some of her confidential personal mental health information out there were a few people in the courtroom and we just asked them if they wouldn't mind waiting outside because of confidential nature of the information that would that may come out and it was just a couple of people one person who was here for the next case and he said certainly i'll be happy to wait outside and a couple of other people are present i guess from the state appellate prosecutor's office but i i don't know if other people will be coming in during the argument but i just wonder if there's any possibility of just asking people to wait at this because often we don't have our clients attending oral argument along with us but i think it was more the idea of because she's here present and knowing that other people were so yes i am moral spawn from illinois guardianship and having to see the legal advocacy service division our office was appointed counsel on appeal for his kind she is seated next to me is ron right another attorney from our office and as you know behind me is misconduct she herself and i want to thank the court and opposing counsel mr leonard for rescheduling the the public interest exception has three parts to it the public nature of the question the need for florida determination and the likelihood of a future recurrence procedural questions related to involuntary commitment are considered matters of considerable public concern and when there statutory construction that's also considered a matter of public concern and i  request for discharge and does the proper basis for admission have to be specified and the third issue is right to statute look at the mental health code and construal what what should properly be done on these are issues of first impression so there is a need for authoritative that's going to occur in every case so that is certainly capable every currents every mental health case that goes for to commitment there's and must be that this positional determination with the preference the legislative and statutory preference for voluntary admissions on these questions related to voluntary admission are likely to recur and at least they're likely to return at the kind of young center where miss g had been admitted and where this this case originated you know i have i did not argue collateral consequences because i was unsure but i have not found any trace in the record that there has ever been involuntarily admission before and from what i can tell there have only been voluntary admissions i know is no other involuntary admission and the state of illinois but not knowing what may have happened in other states i did not pursue collateral consequences recently though there has been a case saying there is no trace in the record of any history of past involuntary admissions then we can apply that collateral consequences  that may be something worth considering here to know i do not have all the information to be able to post that but there is also capable of repetition yet avoiding re that capable of repetition yet avoiding review exception i think it means both public interest and capable are repetition some cases here in illinois have applied multiple exceptions we don i'd like to turn now to the incomplete dispositional report in violation of section three ashley tangipahoa this court has addressed three dashi ten dispositional reports and just about every medical case it's decided over the last few seriously and emphasizing the importance of exploring less restrictive alternatives to a lot of patient hospital in a lot of robin and darryl no three eight ten reports were filed and off here it seems like this court's message has gotten through to the to the trial court at least a little bit here the state filed a one page handwritten handwritten treatment elements that the code mandates those elements include a description of the respondents problems and needs treatment goals proposed treatment methods and project a timetable for their tame as you know from the record no one page handwritten treatment plan it seems as if it was an afterthought or maybe put together in a hurry fashion to be what i asked something to submit to the trial but it doesn't it doesn't fit the bell for disposition of where so lacking a complete three dash eight ten disposition report including the most important aspect of the disposition report what alternatives are available and why are they not appropriate without that complete information the trial court did not have what it needed to make a decision about the committed person's disposition if in fact her commitment was appropriate i would like to turn to the need for strict compliance with the mental health codes filing requirements can a fellow mental health patient petition for a voluntary patient who has submitted a five day request for just charge and implicit requirement and section three does four of three of the code is that when a person who is voluntary exercises her right to request discharge there is a a five business day periods that have served and within that five to business day period a qualified person on the treatment team must make a clinical judgment about whether joe discharged the person or file a petition for commitment and then continue to hold the person based on the prior fact the steve agreed in its brief that the treatment team must make a clinical decision but but then the state says it's ok process these are serious allegations that are going into a petition and it was the hospital being very it was the hospital being naive or was the hospital being very think the treatment team could have should have fired that petition the treatment team makes the decision are we going to discharge this person or are we going to petition her here we had the treatment not on the treatment team the petition it's somebody else and the disturbing part about this is  of the you know in under article four are i believe it does because article far does not include that quote any person language the and section the reason for a three mm excludes that it only refers to three six zero one b there isn't a story for just anyone to fire a petition in this circumstance where there is a voluntary patient who read it's too short for this word to address the issue before the case is over but there is the second problem and it doesn't mean the second this is a case that did not need to go to trial mr g was a voluntary patient who had signed a form written request for just charge she had wanted to pursue my request has she been that hashi been able to rescind her request for discharge and didn't have time to a period before there had been any firing there would have been no petition there would have been no point in her defense counsel there would have been no independent exam paper for iraq allen county there would have been no hearing there would have been on p r has she been had they given her the form and she could've done like she did three times earlier rescinded her request for discharge she times said the doctor talked about how that was something we had talked about that was a nice way for her to have some control over her hospitalization and it was also a chance for her that maybe have some in depth discussion with her psych s when she signed her quest for just charge because he said before she had taken my advice and rescinded and this time she had said you know what i wanted to rescind but i was kind of upset with you i signed a five day because i was upset with you that you wouldn't give me a pass i've been in the hospital for a month i've been taking all my medication i've been meeting with you want a regular basis i bring my notebook to our meetings and i take notes and i bring up topics with you that i want to discuss i'm doing your competent behavioral therapy i've been here a month and you're still not giving me discharged me so she signed her five day but she regretted it she said you know i'm still willing to be here i don't want to change  but i want you to hear me doctor so and we also know for me an examiner that she had wished to resend so first of all there was that opportunity within the five days within the five days from signing a request for discharge to fire business days later when i have my decision had to be made she said can i ever send no not this time we're sorry we're not going to accept it now she didn't have counsel at that time the fourth district case hairiness couldn't come into play was during the course of the court proceedings and once it was understood that oh this person is isn't doing everything she needs to do should we stand what  admission means she may want to be voluntary months let's consider this because the legislature favor spontaneous it's much better to have somebody accept the treatment voluntarily that had it forced on theirs at the preference for country and the cases hayes and her are cited in the briefs at that point the state defense counsel or the charge could have said wait a minute is it really necessary for us to have an involuntary mission here anything from getting to court and off then there was a second opportunity during the court proceedings to have a type of settlement there is even a provision in the code for three outpatient or three eight a one point five down and give it to a staff member and then you better call so we can follow up and make sure they're counting because it doesn't require a form but in this instance a form had been used as as you s