IN RE MARICOPA COUNTY SUPERIOR COURT

• Decision Date: 26 September 2002
• Docket Number: No. 1-CA-MH 01-0010.,1-CA-MH 01-0010.
• Citation: 54 P.3d 380,203 Ariz. 351
• Parties: In the Matter of MARICOPA COUNTY SUPERIOR COURT NUMBER MH XXXX-XXXXXX.
• Court: Arizona Court of Appeals

54 P.3d 380

203 Ariz. 351

In the Matter of MARICOPA COUNTY SUPERIOR COURT NUMBER MH XXXX-XXXXXX.

No. 1-CA-MH 01-0010.

Court of Appeals of Arizona, Division 1, Department C.

September 26, 2002.

Richard M. Romley, Maricopa County Attorney by Marc Natelsky, Deputy County Attorney, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Lawrence S. Matthew, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 Appellant seeks relief from an order of commitment for involuntary mental health treatment. We address issues concerning (1) the documents that must be served with a petition for court-ordered treatment under Arizona Revised Statutes ("A.R.S.") section 36-533(B) (Supp.2001), and (2) the qualifications for acquaintance witnesses pursuant to A.R.S. § 36-539(B) (1993).

Pertinent Facts and Procedural History

¶ 2 On September 6, 2001, an Application for Involuntary Evaluation of appellant was filed pursuant to A.R.S. § 36-520 (1993). By statute, an application for evaluation is the means by which involuntary evaluation and eventually court-ordered treatment proceeds. It is the first in a series of procedural steps that must be taken before an individual can be involuntarily required to submit to court-ordered psychiatric evaluation and treatment. An application for evaluation may be made by "[a]ny responsible individual." A.R.S. § 36-520(A). The application for evaluation here was signed by Laura Abbas, a social worker, and notarized as the statute requires. A.R.S. § 36-520(C).

¶ 3 That same day the second procedural step was taken. Dr. William James filed a Petition for Court-Ordered Evaluation ("petition for evaluation") pursuant to A.R.S. § 36-523 (1993). The doctor alleged in the petition for evaluation that he had reasonable cause to believe that appellant had a mental disorder, was a danger to himself, was persistently or acutely disabled, and was unwilling to undergo voluntary evaluation. The petition for evaluation also set forth that appellant had a long history of mental illness in California, recently attempted suicide, and escaped from the hospital. Based on the petition for evaluation, the superior court issued a detention order the next day in order to permit the evaluation to be performed.

¶ 4 An evaluation of appellant was conducted. A court-ordered evaluation is a "professional multidisciplinary analysis" of the patient. A.R.S. § 36-501(11) (1993). By statute, the evaluation of the patient must be carried out by at least two licensed physicians and two other individuals, one of whom must be a psychologist (if available) or a social worker. Id. In this case, Dr. Carol Olsen and Dr. J. Luis Espinoza were the physician members who participated in the evaluation. The record provided us does not indicate the names of the other two members of the evaluation team.

¶ 5 On September 12, 2001, the next step was taken. Dr. James filed a Petition for Court-Ordered Treatment ("petition for treatment") pursuant to A.R.S. § 36-533. Affidavits from the physicians who participated in the evaluation, Dr. Olsen and Dr. Espinoza, were included in the petition for treatment pursuant to subsection (B) of that statute. A copy of the original application for evaluation submitted by Laura Abbas was not included.

¶ 6 The hearing on the petition for treatment was held on September 18, 2001. After the parties stipulated to the admission of the doctors' affidavits mentioned above, the state presented testimony from three acquaintance witnesses. Two of the witnesses were appellant's nurses during the time appellant was detained for evaluation. Appellant objected to their testifying as acquaintance witnesses. The judge overruled the objection. Appellant also testified on his own behalf. At the conclusion of the hearing, the trial court found

by clear and convincing evidence that the patient is suffering from a mental disorder and, as a result, is a danger to self, persistently or acutely disabled, is in need of treatment and is either unwilling or unable to accept voluntary treatment.

¶ 7 Appellant brings two arguments on appeal: (1) the petition for treatment was defective pursuant to § 36-533(B) as it was not accompanied by the application for evaluation submitted by Laura Abbas, and (2) the nurses who testified at the hearing were not "acquaintance witnesses" as mandated by A.R.S. § 36-539(B). We address each argument in turn.

Discussion

¶ 8 Because involuntary treatment proceedings may result in a serious deprivation of appellant's liberty interests, statutory requirements must be strictly met. Matter of Alleged Mentally Disordered Person, Coconino County No. MH 1425, 181 Ariz. 290, 293, 889 P.2d 1088, 1091 (1995). Questions of statutory interpretation, in this setting, are reviewed de novo. Koller v. Ariz. Dep't of Transp., Motor Vehicle Div., 195 Ariz. 343, 345, ¶ 8, 988 P.2d 128, 130 (App.1999). We have previously indicated that the statutory scheme at issue has been set forth with "precision and clarity." In the Matter of the Appeal in Coconino County Mental Health No. MH 95-0074, 186 Ariz. 138, 139, 920 P.2d 18, 19 (App.1996). Thus, it is in this context that we review the statutes at issue.

1. Affidavit Requirement of A.R.S. § 36-533(B).

¶ 9 Appellant argues that the statutory scheme was not complied with because the application for evaluation did not accompany the petition for treatment. A.R.S. § 36-533(B) provides in pertinent part as follows:

The petition shall be accompanied by the affidavits of the two physicians who conducted the examinations during the evaluation period and by the affidavit of the applicant for the evaluation, if any.

(Emphasis added.) The state argues that the statute is complied with if an affidavit filed by the applicant for the evaluation is in the court file but need not "accompany" the petition for treatment itself. We disagree.

¶ 10 As noted in MH 95-0074, a key reason for the requirement of § 36-533(B) that the petition for treatment be accompanied by the referenced affidavits is to comply with the need to give notice to the person whose liberty is at issue. 186 Ariz. at 139, 920 P.2d at 19. In that case, we declined to broaden or relax that requirement: "Given the liberty interest implicated in a court-ordered treatment proceeding, a more liberal reading of § 36-533 is precluded." Id. The same logic applies here.

¶ 11 The legislature has specifically indicated that the petition for treatment "shall be accompanied ... by the affidavit of the applicant for the evaluation, if any." Thus, we hold that, in those cases where there is such an affidavit, it must "accompany" the petition for treatment and be served as part of that petition pursuant to A.R.S. § 36-536(A) (1993). Simply being present in the file does not suffice. We now turn to the issue whether there was such an affidavit in this particular case.

¶ 12 We reiterate our prior holding from MH 95-0074:

The requirements of sections 36-533 and 36-536, indeed most of the provisions of Title 36, are set forth with precision and clarity. When the legislature has spoken with such explicit direction, our duty is clear.

186 Ariz. at 139, 920 P.2d at 19. Additionally, the primary purpose of statutory interpretation is to effectuate legislative intent. Citadel Care Ctr. v. Ariz. Dep't of Revenue, 200 Ariz. 286, 289, ¶ 11, 25 P.3d 1158, 1161 (App. 2001). The plain language of the statute is the best evidence of that intent. City of Casa Grande v. Ariz. Water Co., 199 Ariz. 547, 554, ¶ 22, 20 P.3d 590, 597 (App.2001). If the statute's language is clear and unambiguous, we give effect to that language and do not apply any other rule of statutory construction. Id.

¶ 13 As to whether the application for evaluation is an affidavit, there are two key provisions in the phrase "the petition shall be accompanied ... by the affidavit of the applicant for the evaluation, if any." Those provisions are "affidavit" and "if any."

¶ 14 An application for evaluation is a signed, notarized document, but does not require an affidavit. A.R.S. § 36-520(C). In fact there is no reference in § 36-520 to an affidavit. What appellant would have us do is to turn the phrase "affidavit of the applicant for evaluation" into the phrase "application for evaluation." Appellant, in effect, urges that § 36-533(B) requires that the application for evaluation, as opposed to an affidavit signed by the applicant, must accompany the petition for treatment. We disagree.

¶ 15 In the first instance, as noted earlier, the statutory scheme at issue is carefully drawn and precise. The legislature is well aware that we have required parties to comply with its provisions with exactness given the liberty interests at issue. MH 1425, 181 Ariz. at 293, 889 P.2d at 1091. If the legislature had intended to require that the application for evaluation itself be attached to the petition for treatment, it would have so stated. It did not. Rather, it required that an "affidavit of the applicant for the evaluation, if any [,]" be attached. That brings us to the importance of the phrase "if any."

¶ 16 A second fundamental reason why we decline to construe the phrase "affidavit of the applicant for the evaluation" (emphasis added) to be the same as the application for evaluation itself is that § 36-533(B) includes the reference to "if any." The reference to "if any" makes it clear that the "affidavit of the applicant for the evaluation" is not a document that is required in order to receive court-ordered treatment. Such an affidavit must accompany the petition for treatment only if there is one. Appellant acknowledges this.

¶ 17 On the other hand, the application for evaluation itself is required in order to receive court-mandated treatment. A.R.S. § 36-520. Thus, if we construe the phrase "the affidavit of the applicant for the evaluation, if any" to mean "the application for evaluation," we would render...