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Home  "The Role of Colorado Courts in Addressing Mental Illness"
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"The Role of Colorado Courts in Mental Health Issues" |
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Thursday, 08 May 2008 |
The Denver Probate Court is pleased to host a series of panel discussions entitled “The Role of Colorado Courts in Addressing Mental Illness Issues” featuring an extraordinary group of panelists addressing a range of timely and interesting topics. This page provides information about the series: what, when, where, how, why, and WIIFM.
WHAT: this series is a six-class discussion of the intersection of the Court, persons with mental illness, mental health care providers, and attorneys. The initial course syllabus follows this letter. The series is offered free of charge, with the Court’s thanks to its presenters for the generous gift of their time.
Course materials: all course materials will be available on our website. To contain costs, and to stay green, printed materials will not be provided. Visit the website at http://dpmhr.fjoomla.com/index.php or go to www.DenverProbateCourt.org/MH.htm. A website demonstration is scheduled for the first session.
WHEN:
1) Friday, May 16, 2008 from 1:30 – 3:30 p.m.
2) Friday, June 6, 2008 from 1:30 – 3:30 p.m.
3) Friday, June 27 from 1:30 – 3:30 p.m.
4) Friday, July 11 from 1:30 – 3:30 p.m.
5) Friday, July 25 from 1:30 – 3:30 p.m.
6) Friday, August 1 from 1:30 – 3:30 p.m.
Although no course content is presently scheduled, the Courtroom will also be available for continuing conversations on Friday, August 15.
WHERE: Denver Probate Court, Room 224
The City & County Building at Bannock & Colfax
1437 Bannock Street, Denver, Colorado 80202
(Directions and parking information available on our website)
HOW to Register: Many of you have responded to our request that you “save the date.” Space is limited, so we’d like to get an accurate count of attendees for each session. Following this e-mail, we will send an E-vite for the first session (and individually for each session thereafter). The E-vite will come from “Denver Probate Court - Room #224.” Be on the lookout for this, and please reply to the E-vite!
QUESTIONS? Please contact Samantha Credle at
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or Judge Stewart’s law clerk Jennifer Shaler at
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WIIFM: What’s in it for me? This educational series is presented free of charge by an outstanding group of mental health providers, judges, and attorneys. The State of Colorado’s Supreme Court Board of Continuing Legal & Judicial Education has accredited the first session for (2) general CLE credits. Accreditation for the remaining sessions is pending. Plus, light refreshments will be served!
2 If you would like us to extend an invitation to another, you may either contact us or simply forward the E-vite to that person. If you would like to be removed from our address list, please e-mail
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FROM DSM-IV to C.R.S. § 27-10:
UNDERSTANDING MENTAL ILLNESS
FRIDAY, MAY 16, 2008
1:30 – 3:30 P.M.
CLE: 2 general credits
Introduction & Overview Judge C. Jean Stewart
Keynote Speaker Justice Alex Martinez
Panelists:
Justice Alex Martinez
Dr. Richard Martinez
Dr. Carolyn Tank
Dr. Carl Clark
From DSM IV to C.R. S. §27-10.
The purpose of this session is to provide the class with a very broad and basic understanding of clinical disorders that might give rise to a decision to certify a patient for involuntary treatment. Assist with an understanding of how certifying professionals reach the ultimate conclusion to certify; how the criteria of §27-10 are tested and applied; when disorders of thought or mood or behavior may be present but insufficient (i.e., inadequate to meet Axis I diagnostic criteria or C.R.S. §27-10 standards) to substantiate a certification; how the certification and treatment processes proceed in the clinical setting, including observations about violence, child to geriatric issues, and related issues.
Making the Axis I diagnosis and differentiating other diagnoses.
Chronic vs. acute mental illness
Addressing adults, children, the aging population with mental illness
Identifying potential for violence
How, where and when the mentally ill enter the court system
C.R.S. §27-10 criteria
The decision to certify
Managing the certified patient inpatient/outpatient issues
Note: There will be future separate classes on the certification process itself, on medications, on addictions, and on the criminal proceedings (incapacity to proceed and insanity defense). Hence this initial presentation allows the panel to focus on the disease process itself only as it leads to certification for involuntary treatment pursuant to state law.
CIVIL COMMITMENTS
FRIDAY, JUNE 6, 2008
1:30 – 3:30 P.M.
CLE accreditation pending
__General
__Ethics
Panelists:
Judge Stewart
City Attorney Michael Stafford
Respondent Attorney Stuart Kutz, Ph.D.
Doctor Bruce Leonard
Certification Review Process
C.R.S. §27-10-101, et. seq.
Mental health certifications in Colorado are initiated by medical personnel, not by the court system. During the second session we will focus on the limited involvement of state courts after a mental health certification has been filed with the court. We will review:
(1) the standards community treatment facilities must meet and maintain in order to be designated as approved §27-10 facilities;
(2) procedures and forms approved by the Colorado Supreme Court for use in connection with certification, transfers, termination and related actions;
(3) standards for appointment of Respondent’s counsel;
(4) conduct of court proceedings for review of certifications, including the standard of proof and each element that the People must prove to sustain the certification. In addition, we will provide an overview of the process for maintaining certification and provide some insight into various treatment models—inpatient and outpatient.
Ethics:
Discussion of changes in Rule 1.14 and whether attorneys feel free to fully advocate, an attorneys role as "counselor" (whether the advice is taken or not). Panelists will also discuss issues of following the client's directives to contest as compared to the attorney's control over the presentation of evidence (which can lead to disputes with clients, who may want to put on some evidence that is not justifiable or reasonable). Also, situations where the client refuses to communcate, or work with, counsel, and the attorney's role under those circumstances
MEDICATIONS
FRIDAY, JUNE 27, 2008
1:30 – 3:30 P.M.
CLE accreditation pending
Update on psychiatric medications
People v. Medina: case discussion and medications hearing checklist
ECT
Panelists:
Judge Stewart
City Attorney (Ret.) Morris Evans
Respondent Attorney Frank Slaninger
Respondent Attorney Ken Ogawa
Doctor Karen Fukutaki
Pursuant to the Colorado Code of Regulations, 2 CCR 502.1 (2007) Care and Treatment of the Mentally Ill, a physician may use emergency medications under limited conditions, including imminent danger to self or others; provided that emergency medications cannot continue for more than 72 hours without petition to the court for involuntary medications, including typical and atypical psychotropic medications, new medication trends, and use of electro-convulsive therapy.
The purpose of this session is to discuss psychiatric medications, the legal procedures for utilizing emergency medications and seeking involuntary medications orders from the court. The panelists will discuss People v. Medina, 705 P.2d 961 (Colo. 1985) and the standards applicable in the institutions and in the courts for use of emergency and involuntary medications. Morris Evans, retired Denver City Attorney, who argued the Medina case in the Colorado Supreme Court will join the panel. Ethical issues will be examined by the panelists who deal with these matters regularly.
ADDICTIONS
FRIDAY, JULY 11, 2008
1:30 – 3:30 P.M.
CLE accreditation pending
Panelists:
Yolanda Gray, ADAD – Involuntary Commitments Coordinator
Judge Stewart
Arapahoe County Attorney Ginny Horton
Respondent Attorney TBD
Dr. Jonathon Ritvo
ADDICTIONS
FRIDAY, JULY 11, 2008
1:30 – 3:30 P.M.
CLE accreditation pending
Involuntary Commitment of Alchoholics
C.R.S. §25-1-311
Involuntary Commitment of Drug Abusers
C.R.S. §25-1-1107
In Colorado a person may be committed by the Court to the custody of the Division of
Alcohol and Drug Abuse – such petitions are initiated by spouses, family members,
caseworkers, health care providers, not by the court system.
During the fourth session we will focus on:
1) the biology of addictions;
2) procedures and forms approved by the Colorado Supreme Court for use in
connection with involuntary commitments, evaluations, placements, termination and
related actions;
3) the process from filing a petition to Court approval, with discussion of why so
few of these cases proceed to hearing, and why the participation of the Respondent is
a critical component to successful treatment;
4) contrast of role of counsel in the certification process versus that of the
involuntary commitment process (alcohol and drug respondents are not presumptively deemed incompetent, so Court must only appoint counsel upon Respondent’s request);
5) role of attorney as client’s advocate, oversight of the placement;
6) Discussion of various treatment models – inpatient and outpatient.
CRIMINAL ISSUES
FRIDAY, JULY 25, 2008
1:30 – 3:30 P.M.
CLE accreditation pending
Insanity Defense & Capacity to Proceed to Trial
Panelists:
DA Mitch Morrissey
Dr. Rick Martinez ¬¬
Iris Eytan, Esq.
Justice Alex Martinez
Program description developing…
TRENDS/
DEVELOPMENTS/
OTHER ISSUES
FRIDAY, AUGUST 1, 2008
1:30 – 3:30 P.M.
CLE accreditation pending
Panelists:
City Attorney (Ret.) Morris Evans
Libby Stuyt, MD Medical Director, Circle Program, CMHI- Pueblo
VETERANS – PTSD/TBI/placement of aging mentally ill vets
MENTAL HEALTH COURTS
Stuart Kutz, PhD, JD
GERIATRIC ISSUES
DEVELOPMENTAL DISABILITIES and Deprivation of Legal Rights
Program description developing…
“FINAL EXAM”
FRIDAY, AUGUST 15, 2008
1:30 – 3:30 P.M.
Throughout the course of the program, we may arrange for a final session on this date. Please reserve it on your calendars.
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Last Updated ( Thursday, 03 July 2008 )
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