Melodie L., In re, 98-279

• Court: United States State Supreme Court of Iowa
• Writing for the Court: CADY
• Citation: 591 N.W.2d 4
• Parties: In the Matter of MELODIE L., Alleged to be Seriously Mentally Impaired, Brandee Griffin, Appellant.
• Docket Number: No. 98-279,98-279
• Decision Date: 24 March 1999

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591 N.W.2d 4 In the Matter of MELODIE L., Alleged to be Seriously Mentally Impaired, Brandee Griffin, Appellant. No. 98-279. Supreme Court of Iowa. March 24, 1999.
As Corrected April 23, 1999.

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John Sarcone, County Attorney, and Daniel L. Flaherty, Assistant County Attorney, for appellant.

Nancy L. Pietz of Cook, Gotsdiner, McEnroe & McCarthy, Des Moines, for appellee Melodie L.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and CADY, JJ.

CADY, Justice.

This appeal challenges the authority of a judicial hospitalization referee to dismiss an involuntary hospitalization proceeding and release the patient from further hospitalization based upon an application filed by the patient. We conclude the referee was not authorized to grant relief.

I. Background Facts and Proceedings.

Melodie L. has a long, unfortunate history of mental illness. She has been hospitalized for treatment of her illness numerous times since 1988. Her illness has occasionally produced assaultive behavior.

In November 1997, Melodie assaulted her case worker. The case worker responded by filing an application for Melodie's involuntary hospitalization. The hospitalization referee found Melodie to be seriously mentally impaired following a hearing. She was ordered to be committed to the care of a hospital. Melodie appealed the referee's decision to a district judge, who made the same finding and disposition following a trial. The case was returned to the referee for further proceedings.

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Periodic medical reports submitted to the referee following the district court adjudication recommended Melodie receive further hospitalization for her mental illness. Eventually, a periodic medical report indicated Melodie's condition had improved. It recommended inpatient group home treatment. The referee responded to the report by entering an order for group home treatment. Melodie was transferred to a group home.

On December 30, 1997, Melodie filed an application with the hospitalization referee requesting to be released from further inpatient treatment. She desired outpatient treatment. The referee set the application for a hearing on January 12, 1998. A new medical report was not submitted following the court-ordered group home treatment.

Following the hearing on Melodie's request to be released, the referee discharged Melodie from treatment and dismissed the case. The referee found insufficient evidence to show Melodie continued to be seriously mentally impaired.

The county attorney, on behalf of the case worker, filed an appeal to a district judge. The district court dismissed the action for lack of subject matter jurisdiction. The district court ruled the statute governing hospitalization of the mentally ill did not permit an applicant to file an appeal from a decision by the referee. The applicant then filed an appeal to this court both from the district court order and the order by the referee. The notice of appeal was filed within thirty days of the date the referee entered the dismissal order.

The applicant claims the hospitalization referee had no authority to release a patient based upon an application for release filed by the patient, but is only permitted to take such action in response to a medical report submitted to the court. Melodie claims the applicant failed to challenge the referee's jurisdiction to hear the application at the time of the hearing, and failed to preserve the issue for our review. She also claims an applicant has no right to an appeal.

II. Standard of Review.

An involuntary hospitalization proceeding is triable as an ordinary action at law. In re Oseing, 296 N.W.2d 797, 800 (Iowa 1980). Our review is for errors at law. B.A.A. v. University of Iowa Hosps., 421 N.W.2d 118, 120 (Iowa 1988).

III. Preservation of Error.

Melodie first claims the applicant failed to preserve error by objecting to the jurisdiction of the referee at the hearing. We recognize subject matter jurisdiction may be raised at any time, even for the first time on appeal. Christie v. Rolscreen Co., 448 N.W.2d 447, 450 (Iowa 1989). Therefore, we reject Melodie's claim that the applicant failed to preserve error.

IV. Jurisdiction.

Melodie next claims an applicant has no statutory right to appeal a decision of the referee to a district judge. She claims an applicant must file a new petition for involuntary hospitalization if dissatisfied with the dismissal of a case by the referee.

We agree with the district judge that the governing statute does not give an applicant a right to appeal to a district judge from an order by the referee. Instead, that right is reserved to the patient. Iowa Code § 229.21(3) (1997). Furthermore, it only applies to appeals from orders by the referee finding a patient to be seriously mentally impaired. Id. Thus, the district judge in this case properly dismissed the appeal. It had no subject matter jurisdiction to hear the matter.

Notwithstanding, this case comes before us on a notice of appeal not only from the decision of the district court, but also the decision of the hospitalization referee. This notice of appeal was timely filed within thirty days of the dismissal order entered by the referee. Thus, we must decide if we properly acquired jurisdiction to consider the issues presented through the timely notice of appeal from the order of the referee.

The right to appeal is strictly governed by statute. See James v. State, 479 N.W.2d 287, 290 (Iowa 1991). The hospitalization statute does not specifically authorize an applicant to appeal. However, the hospitalization

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process is a civil proceeding under the jurisdiction of the district court. Under our appellate rules, a final civil judgment of the district court may be appealed to the supreme court. Iowa R.App. P. 1(a). Therefore, we must decide if the dismissal order by the referee constituted a final judgment of the district court for the purposes of an appeal.

We have previously considered whether juvenile court referees and probate referees could issue final decisions for the purpose of appeal. In In re D.W.K., 365 N.W.2d 32 (Iowa 1985), we held that a juvenile court referee had concurrent jurisdiction to issue a final decision for the purposes of appeal since our legislature, in defining the authority of a referee, specified the referee had "the same jurisdiction to ... issue orders ... as the judge of the juvenile court." D.W.K., 365 N.W.2d at 33-34. On the other hand, we found no direct appeal existed from a decision by a probate referee because the governing statute reflected no similar grant of concurrent jurisdiction. In re Estate of Willis, 418 N.W.2d 857, 859 (Iowa 1988). Instead, we held a party needed to first seek district court review of a decision of the probate referee before invoking appellate jurisdiction. Id.

Although jurisdiction over hospitalization proceedings exists with the district court, our legislature established hospitalization referees to assist the district court in discharging the general duties of the hospitalization process. It specifically provided that the orders issued by referees in the discharge of those duties have the "same force and effect as if ordered by a district judge." Iowa Code § 229.21(2). Furthermore, except for commitment orders under section 229.21(3), the legislature did not provide for district court review of orders entered by referees. This lack of review reveals that an order for dismissal by the referee constitutes a final...