The Indiana Supreme Court established an expedited appeal Pilot Program for mental health appeals originating in Marion County, Indiana that will begin September 1, 2024. The project aims to tackle the challenges posed by temporary mental health commitments which often cannot be resolved on appeal before the commitment’s 90-day term expires.
Background
Under Indiana law, individuals can be committed for up to 90 days per Ind. Code § 12-26-6-1. However, the Indiana Court of Appeals often cannot issue a decision within that timeframe. As a result, appeals are either dismissed as moot or ruled on despite their mootness. But in the latter instance, the ruling comes after the patient’s commitment order has already been terminated and only addresses the underlying legal issues that may reoccur in future cases.
The Pilot Program seeks to address this timing problem by allowing the Court of Appeals to rule before a temporary commitment terminates.
The Pilot Program
The Indiana Supreme Court issued an order establishing the Pilot Program, which will begin on September 1, 2024. The two-year project automatically places appeals from Marion County for respondents represented by the Marion County Public Defender Agency in the program, unless a party seeks to opt out for good cause.
Once initiated, specific procedural and briefing timelines will move the appeals forward on a much quicker timeline than the normal appeals process:
- The appellant must request a Notice of Expedited Appeal within five days of the commitment order being entered.
- The court must complete the transcript within five days of that notice.
- The parties must brief the appeal on an expedited basis:
- The Appellant’s brief is due within 10 days of the clerk serving the Notice of Completion of the Clerk’s Record; and
- The Appellee must respond within five days after service of the Appellant’s brief.
- There will be no reply brief without leave, which must be filed three days after the service of Appellee’s brief.
Briefs are also limited to essential components, with a maximum of 4,200 words or 10 pages, and should not include Tables of Contents or Authorities.
The purpose of the expedited appeal process is to address only appeals challenging the sufficiency of the evidence of the trial court’s findings that a temporary commitment should be granted. Any appeal that challenges issues beyond that is subject to a challenge that they are inappropriate for the expedited program.
Practical Takeaways
The two-year program is limited to appeals of commitments originating in Marion County; however, that is the majority of commitments in the State of Indiana. While the order does not change the standards or the substantive law impacting how providers pursue commitments for their patients, it does impact how they may expect to respond to appeals of the same.
As the Pilot Program begins in September and continues to develop, providers should consult experienced counsel on how to best prepare for these changes.
If you have questions or would like more information about this topic, please contact:
- Drew Howk at (317) 429-3607 or dhowk@hallrender.com;
- Kathryn Daggett at (317) 977-1415 or kdaggett@hallrender.com;
- Kennedy Bunch at (317) 977-1420 or kbunch@hallrender.com;
- Ryan McDonald at (317) 429-3671 or rmcdonald@hallrender.com;
- Matthew Schappa at (317) 429-3604 or mschappa@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot give legal advice outside of an attorney-client relationship.
