In Re Hofmann

California Court of Appeal Mar 23, 1955 No. Crim. 5397Published

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Holding. The court ordered the petitioner's release from a mental health facility, finding that the commitment proceedings were illegal due to a failure to comply with statutory requirements regarding notice, the right to counsel, and the criteria for immediate detention.

Issues

Whether the petitioner was properly detained without a showing of necessity for immediate apprehension.
Whether the petitioner was denied her statutory right to counsel and notice of the hearing.
Whether the hearing held at the hospital complied with the statutory five-day notice requirement.

Disposition. ordered released

Quotations verified verbatim against the opinion

“There was no evidence before the court of the existence of facts which would have warranted the immediate hospitalization or detention of Mrs. Hofmann.”

“The statute recognizes the right to representation by counsel. Petitioner was deprived of that right.”

“There was, in our opinion, not even substantial compliance with the prescribed procedure; we can only conclude that petitioner’s present confinement is illegal.”

THE COURT.

petition of one of the attorneys for Betty Short Hofmann representing that the latter is confined at Kimball Sanitarium in Los Angeles County as a mental patient under an order of commitment of the superior court, we issued a writ of habeas corpus to which return has been filed and upon which a hearing has been held. We conclude that the petitioner should be ordered released because of irregularities in the proceedings leading up to her commitment. Pertinent provisions of section 5050, Welfare

[759]

and Institutions Code, are set out in the margin.

The proceedings may be outlined as follows. The son of petitioner filed an affidavit which set forth facts sufficient to warrant examination into the mental health and condition of the patient but failed to allege any facts showing necessity for the immediate apprehension of his mother, that is to say, no facts were alleged from which it would appear that the condition of Mrs. Hofmann was such that she was likely to injure herself or others if not placed under restraint. At the same time there was presented certificate of a physician that he had several times examined Mrs. Hofmann, the last time on February 4, and which stated: “It is my impression that she is in a state of paranoid reaction and that she should be observed in Psychiatric Unit #3 LACGH.” Upon the basis of the affidavit and the certificate an order was made by a judge of the superior court which recited that Mrs. Hofmann was likely to injure herself or others if not immediately hospitalized and detained and which commanded that she be forthwith apprehended and detained for examination and hearing, pending the further order of the court. Mrs. Hofmann was taken from her home and immediately placed in the Psychiatric Unit of County General Hospital where she remained until February 9 when she was committed by order of court to the care and custody of the counselor of mental health to be placed in Kimball Sanitarium, there to remain under the supervision of the counselor of mental health until

[760]

In Re Hofmann

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THE COURT.

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