Commonwealth v. J. T.
Citation | 420 A.2d 1064,279 Pa.Super. 127 |
Parties | COMMONWEALTH of Pennsylvania, v. J. T., [*] Appellant. |
Decision Date | 16 May 1980 |
Court | Superior Court of Pennsylvania |
Argued Sept. 11, 1978.
Stephen D. Tompkins, Carlisle, for appellant.
No appearance entered nor briefs submitted for appellee.
Before CERCONE, SPAETH, and LIPEZ, JJ.
On December 12, 1969, appellant's former husband obtained a court order committing her, pursuant to Section 4406 of the Mental Health and Mental Retardation Act of 1966, Act of October 20 1966, Special Sess. No. 3, P.L. 96, Art. IV, § 406, 50 P.S. § 4406 (since repealed), to Philhaven Hospital for a period of ten days.
On May 2 1977, appellant filed a petition requesting the Court of Common Pleas of Cumberland County to declare its prior order of December 12, 1969, null and void for lack of due process and to have the court records of her commitment expunged.
On December 9, 1977, the lower court concluded that its prior commitment order was indeed null and void as having not been entered in compliance with the due process clause of the United States Constitution and the Mental Health and Mental Retardation Act of 1966, supra. In addition, the court stated that: "The prothonotary is ordered and directed to seal this order in the above-captioned file and is further ordered and directed to delete the named petitioner in the above-captioned action from the indices and the docket books in the prothonotary's office relating to this matter." Appellant's sole contention is that the court records of her commitment should be expunged not merely sealed as the court below directed. We agree.
Our Supreme Court's recent decision in Wolfe v. Beal, 477 Pa. 477, 384 A.2d 1187 (1978), implicitly recognizes the expediency of the relief sought by appellant. The petitioner in Wolfe requested the trial court to declare her earlier involuntary mental commitment null and void and to expunge all records which were created as a result of the illegal commitment. The trial court agreed that petitioner's prior commitment was in violation of her due process rights and ordered its own court records expunged. However, the trial court was of the opinion that it lacked the authority to order the destruction of the hospital records pertaining to the petitioner's commitment. On appeal, the Commonwealth Court likewise concluded that it was without authority to order destruction of the hospital records. Wolfe v. Beal, 23 Pa.Cmwlth. 475, 353 A.2d 481 (1976). In reversing the Commonwealth Court's decision and holding that a person unlawfully committed to a mental hospital has a right to the destruction of the hospital records pertaining to that commitment, the Supreme Court pertinently observed:
Wolfe v. Beal, 477 Pa. at 480, 384 A.2d at 1189.
To be sure the...
To continue reading
Request your trial