In the Matter of Ronald Watson.

• Decision Date: 15 February 2011
• Docket Number: No. COA10–365.,COA10–365.
• Citation: 706 S.E.2d 296
• Parties: In the Matter of Ronald WATSON.
• Court: North Carolina Court of Appeals

706 S.E.2d 296

In the Matter of Ronald WATSON.

No. COA10–365.

Court of Appeals of North Carolina.

Feb. 15, 2011.

OPINION TEXT STARTS HERE

Appeal by respondent from order entered 1 August 2008 by Judge James T. Hill in Durham County District Court. Heard in the Court of Appeals 29 September 2010.

Attorney General Roy Cooper, by Assistant Attorney General Susannah B. Cox, Butner, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Kristen L. Todd, Durham, for respondent-appellant.

CALABRIA, Judge.

Ronald Watson (“respondent”) appeals an involuntary commitment order requiring him to be committed to Central Regional Hospital (“Central”) for inpatient treatment for a period of thirty days, to be followed by outpatient treatment for sixty days. Respondent argues that the trial court erred by allowing him to represent himself at the involuntary commitment hearing or, in the alternative, the trial court erred by failing to conduct the statutorily required inquiry necessary to assure that his waiver of his constitutional right to counsel was knowing, intelligent and voluntary. We agree and vacate the trial court's order and remand this matter to the trial court for a new hearing.

I. BACKGROUND

On 22 July 2008, Dr. Seth Glickman (“Dr. Glickman”) of Duke University Health System (“Duke”) filed an Affidavit and Petition for an involuntary commitment. Specifically, Dr. Glickman requested a court order for a law enforcement officer to take respondent into custody for examination, alleging that respondent was mentally ill and dangerous to himself or others or mentally ill and in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness. Dr. Glickman examined respondent after Dr. Matthew Conner had assessed respondent and noted that respondent had been pacing and refused medication. Dr. Glickman found the following pertinent facts:

[Respondent] ... was brought ... by police secondary to reported agitation and violence at the home of his parents where he lives. At this time, patient is grossly psychotic with significant paranoia. He requires inpatient psychiatric hospitalization and stabilization.

Dr. Glickman recommended a three day inpatient commitment at Central to determine whether respondent was mentally ill and dangerous to himself or others. That same day, in Durham County District Court, the court filed a “Findings and Custody Order: Involuntary Commitment,” finding that there were reasonable grounds to believe that the facts alleged in the petition were true and that respondent was probably mentally ill and dangerous to himself or others or mentally ill and in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness. The court ordered law enforcement officers to transport respondent directly to Central for temporary custody, examination and treatment pending a district court hearing.

At 10:00 a.m. on 22 July 2008, respondent was examined by Dr. David Novosad (“Dr. Novosad”), a psychiatric resident at Central. As a result of the examination, Dr. Novosad concluded that respondent was mentally ill and dangerous to himself and others. In his report, Dr. Novosad stated that respondent had “significant paranoia,” that respondent's “current mental status or the nature of his illness limits or negates his/her ability to make an informed decision to seek treatment voluntarily or comply with recommended treatment,” and that respondent “believes the legal system is ‘out to get him.’ ” Dr. Novosad diagnosed respondent with “psychosis NOS” ¹ and recommended a thirty-day inpatient commitment and sixty-day outpatient commitment.

On 1 August 2008, a hearing was scheduled in Durham County District Court. Prior to the hearing, respondent asked the trial court who would serve as his court-appointed counsel. The trial court replied, “That guy right there.” Respondent stated that he had not been introduced to counsel and the trial court granted respondent five minutes to meet with him. After speaking with respondent, counsel told the trial court, “He wants to represent himself [,]” and “wants me to just assist him.” Counsel told the court that he advised respondent against proceeding pro se, but stated, “if you don't mind, I'll stand in for him.” The trial court responded, “All right. Go ahead.” The trial court then proceeded with the hearing without further discussion.

At the hearing, Dr. Novosad testified as an expert in mental health and psychosis. Dr. Novosad stated that he examined respondent on 21 July 2008. Dr. Novosad also testified that respondent lives with his parents and has lived with them for the past forty-eight years of his life. He became upset with his brother who was visiting and kicked a wall at his parents' home. Prior to this incident, respondent had never been treated for any kind of psychotic disorder. According to Dr. Novosad, respondent: (1) had “been increasingly involved with the legal system;” (2) reported that “he's been suffering some legal injustices;” (3) was concerned that he was being “mistreated;” (4) had become “more aggressive at home;” and (5) used marijuana “on a regular basis.” Dr. Novosad concluded that respondent has “significant” paranoia and “psychotic disorder not otherwise specified,” with a possibility that respondent suffers from schizophrenia.

While respondent was in Dr. Novosad's care, respondent received the medication Haloperidol, an antipsychotic medication commonly used for patients with psychotic disorder. Since respondent refused to take the medication orally, Dr. Novosad concluded that, based on respondent's condition, respondent required the use of forced medication. Dr. Novosad reported that while respondent was on the medication, he was “behaviorally appropriate ... [and did] not cause[ ] any disturbances on the ward,” and was “compliant with the ward routine” other than taking his medication orally. Dr. Novosad stated that if respondent complied by taking his medication orally, it would be appropriate to discharge him from the hospital.

Dr. Novosad further stated that he was concerned for respondent because respondent denied having a psychiatric problem and needing medication, and would not take his medication orally if discharged from the hospital. Dr. Novosad explained the risks if respondent would not take his medication orally: “[t]he paranoia and the aggressive behavior at home would ... worsen, and he would be a ... risk of danger to ... himself or others.” Dr. Novosad recommended a thirty-day commitment for inpatient care with a sixty-day outpatient mental health commitment to address the issue of respondent's psychotic disorder and medication compliance. Dr. Novosad concluded that respondent needed inpatient commitment because “outside the hospital, there's no way that we could monitor whether he takes his medication....”

Following respondent's cross-examination, respondent attempted to testify. During respondent's oath to tell the truth, respondent interrupted the court twice and ordered the trial court to “redo” the oath. Respondent then testified that his brother visited the home two weeks ago and they argued about turning down the music.

Respondent claimed that he had “just done six-and-a-half months in Durham County Jail for failure to be notified, not failure to appear, as was claimed.” He also claimed that courthouse officers beat him, broke his ribs, and slammed his head on the floor. Therefore, he was “going to sue” Durham County for “brutality” and “false arrest.” Respondent said he was “stressed out” because “Durham County Court is corrupt.” Respondent stated that during his prior court appearances, “I was in there representing myself. I had assistant counsel, just like I do today.” Respondent added, “I do not want this case dismissed because I was trying to save a woman's life ... a convicted felon for ... conspiring to traffic cocaine. She's a junkie now, and she asked for my assistance to get off of it.” Respondent claimed that after eight months of trying to help this woman, that he “got death threats through gunshots around my house.”

Respondent further stated that every evening since he was in the hospital, he was forced to receive injections “through a ... long needle in the butt,” that he was “in pain every day, ... and all I got is a doctor that wants to keep me in—keep himself in business by keeping me in—in a-in a hospital.” He claimed he was “completely sane” and that he was “threatened by the doctors at Duke University ... to either give a blood and urine sample or that [he] would be restrained ... shot with a narcotic and ... a ... catheter stuck up [his] penis ....” Respondent asked the court to “be set free ... and if you don't set me free, I would rather be in jail then [sic] in a hospital that forces medication on me.”

The trial court found that respondent was represented by counsel, and found by clear, cogent and convincing evidence that respondent was “grossly psychotic with significant paranoia, has exhibited aggressive behavior at home to parents [and] brother, has kicked hole in wall at home, [and] has refused meds.” Based on these findings, the trial court concluded that respondent was mentally ill and a danger to himself and others. The trial court ordered respondent committed for thirty days of inpatient care at Central, to be followed by sixty days of outpatient care.

Respondent then asked the trial court if the time period of inpatient commitment was three days. When the trial court responded that the period was thirty days, respondent stated, “F[ ] this court!” ten times then added, “I'm not violent!” as he was carried out of the courtroom.

On 29 August 2008, respondent filed a written notice of appeal, but did so in the wrong court. On 14 October 2009, respondent petitioned this Court for writ of certiorari, and we granted respondent's petition on 28 October 2009. On 16 ...