Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-02
Tough Problem
Posed by Ruling
In LunacyCase
Gusch Sees Harm
In More Formal
Proceedings

A serious situation faces the
District Mental Health Commits
sion and, to a lesser extent, other
agencies, as a result of a recent
opinion by the u. S. Court of APP
|peals of the District of Columbia
in a lunacy case. United States
Attorney Oliver Gasch said yes
terday.
Mr.. Gasch, following a confer
ence with T. Gillespie Walsh,
chairman of the commission;
Attorney Hugh MCGEE, and AS
sistant Corporation Counsel Una
Rita Morris, said he is studying
ACCESSIBILITY of asking a rehear-
ing by the full appellate bench.
The appellate opinion held that
all persons suspected of being de-
ranged must be represented by
counsel at commission hearings
as we'll as at court proceedings.
Difficulties Cited
One problem, Mr.. Gasch said,
is that of the effect such formal
izing of mental health cases
might have on mentally dis
TURNED individual
Some psychiatrists say the
proceedings now are too formal
and they fear that further for
Mailing would have an adverse
effect on the individual" he
said.
He also cited the possibility of
hearings being heightened by
the injection of legal contro-
verSy with further drain on the
time of available psychiatrists
and on the personnel of the Cor
poration Counsel's Office.
In addition. he said, the courts
ruling could result in a shortage
of funds available to the COM
mission for legal talent.
The commission can pay a
maximum of SIS to lawyers for
each appearance. A total of
$4,000 yearly is allowed the
commission for such use. The
commission handles about 1900
cases a year.
Thus, the cost of commission
appointed attorneys for INDECENT
persons probably would result in
need for an increased budget.
MIR. Gasch quoted Mr.. Walsh
and Mr.. MCGEE, chairman of the
District Bar Associations Com
mlttee on Mental Health. as
fearing dearth of qualified
lawyers TO assume the burden"
of undertaking the cases at the
SIS top figure.
Also, It was pointed out, the
courts face a flood of demands
for release on writS by mental
patients who in the past have
been committed following a
hearing by the Mental Health
Commission but who were not
represented by counsel at the
time.
DR.. Winfred Overholser. super
intendent of St. Elizabeths Hos
pital said there are about 5000
non-criminal insane inmates
there.
Since only about / per cent of
all persons suspected of being
mentally i'll demand a jury trial
and hence obtain counsel. it
would appear that more than
$500 of the 5000 patients would
be in position to seek release.
however temporary. on the
ground that they were illegally
committed.
Seeks New Opinion
To obviate a flood Of such
moves. MIR. Gasch is considering
asking the appellate court to
make its opinion prospective in
stead of retroactive.
The opinion had been handed
down Thursday by a three judge
panel Of the court composed of
Judges Charles Fahy, John A.
Danaher and Warren E. Burger.
1t held that a woman who had
refused court-appointed at
torney at lunacy proceedings and
who. therefore. was not repre-
sented had been committed IL
legally. The Appellate Court de-
creed new proceedings be insti-
tuted within five days or the
woman be discharged from st.
Elizabeths.
In its opinion, the court stated
that at hearings before the COM
mission as we'll as the court 1.-THE
alleged insane person has a right
TO be represented by counsel f. :
Yesterday. Federal Judge Mat
thew F. Mcguire declined to sign
commitment papers for a num-
Der OF persons found mentally ill
by the commission.
The Judge based his action on
the grounds the individuals had
not been represented by counsel.