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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT
PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
MEMORANDUM DECISION
Presiding Judge Andrew W. Gould delivered the decision of the Court, in
which Judge Maurice Portley and Judge Jon W. Thompson joined.
G O U L D, Judge:
1
Amanda G. appeals the trial courts finding that she waived
the right to attend her commitment hearing. For the following reasons, we
conclude there was insufficient evidence to support this finding. As a
result, we vacate the order compelling Amanda to undergo involuntary
treatment and remand this matter to the trial court for further proceedings
consistent with this decision.
FACTS AND PROCEDURAL HISTORY
2
A medical doctor and clinical liaison filed a petition for court
ordered evaluation of Amanda. The petition alleged that Amanda was a
danger to self, a danger to others, and persistently or acutely disabled.
After Amandas evaluation, her doctor filed a petition seeking compelled
treatment. A hearing was set for May 21, 2014, and Amanda was detained
at the Mohave County Adult Detention Facility pending the hearing.
3
Amanda was not present when the hearing commenced.
Because Amandas counsel did not speak to her before the hearing, he was
unable to provide an explanation for her absence. As a result, Amandas
counsel requested an evidentiary hearing to determine whether, given
Amandas mental condition, her absence from the hearing was voluntary.
The court granted the request and held a brief hearing regarding Amandas
failure to appear.
4
Larry Townsley, the mental health coordinator at the Mohave
County Adult Detention Facility, testified that when the detention officers
attempted to transport Amanda, she refused to come to court. Townsley
noted that it is common for Amanda to refuse to appear at her pending
criminal court proceedings.
5
At the conclusion of the evidentiary hearing, the trial court
determined that Amanda had voluntarily waived her right to be present
:ama