In Re: Civil Commitment of K.K., the Indiana Court of Appeals (the “Court”) dismissed K.K.’s appeal on the basis of mootness, as K.K.’s temporary commitment expired in August 2024. The Court analyzed its mootness standard and the applicability of the public interest exception to the case.
Background
Under Indiana law, a hearing for involuntary commitment must occur within 14 days of when the patient is emergently detained. K.K.’s hearing was originally scheduled for April 29, 2024, but was postponed several times at the request of K.K.’s court-appointed counsel to allow for additional preparation and a change of judge. The trial court explained to K.K. that K.K. would remain admitted as an inpatient until the hearing occurred, even with the delay.
K.K. then personally requested another continuance to obtain private counsel. Consequently, the hearing took place on May 30, 2024, well beyond the statutory deadline. Following the hearing, the trial court granted civil commitment of K.K.
The Court’s Analysis of Mootness and the Public Interest Exception
The Court dismissed the appeal. K.K.’s temporary commitment expired prior to the appeal being heard. The Court explained the general rule that appeals of expired temporary commitment orders offer no relief to the patient—and are therefore moot.
The Court concluded that K.K.’s appeal did not present an issue of great public importance likely to recur and held the “public interest” exception to the mootness doctrine did not apply. Presented with a moot case and no compelling public interest question, the Court declined to consider the merits of the issues raised by K.K. on appeal.
Practical Takeaways
- Temporary commitment appeals are often dismissed as moot. Because temporary civil commitment orders typically expire before appellate review can be completed, appeals are frequently dismissed as moot. While the Court can hear appeals of moot cases that raise novel or recurring issues of significant public importance, this exception is limited.
- The Indiana Supreme Court has implemented a Pilot Program to facilitate more appeals of temporary commitments being heard. As with this case, most appeals of commitments are dismissed as moot. The Expedited Appeals Pilot Program seeks to address this timing issue by allowing the Indiana Court of Appeals to make a ruling before the temporary commitment terminates.
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- Ryan McDonald at (317) 429-3671 or rmcdonald@hallrender.com;
- Kathryn Daggett at (317) 977-1415 or kdaggett@hallrender.com; or
- Your primary Hall Render contact.
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