PsychRights: WSB v. Alaska Psychiatric Institute

PsychRights^®
Law Project for
Psychiatric Rights

Alaska
Case Six -- WSB v. Alaska Psychiatric Institute S-12677
by James B. Gottstein, Esq.

Involuntary Commitment and Forced Drugging petitions are within the jurisdiction of the Superior Court, but for expedience, in Anchorage at least, have been referred to the Probate Masters to hear the evidence and make recommendations. Under Civil Rule 53(d)(1), the Master's Report is to be accompanied by a transcript and any other evidence presented to the Probate Master. This is required so the Superior Court has a basis for deciding whether to accept the Probate Master's Recommendations or not. However, transcripts are never prepared and the Superior Court always or almost always "rubber stamps" the Master's Recommendations. The first issue in the appeal is that this is improper; that the Superior Court is obligated to review the evidence to see if the recommendations are warranted.

The need for this is exemplified by the second issue in the case, which is that there was no evidence sufficient to support the Master's finding that WSB was gravely disabled and therefore subject to involuntary commitment.