0001 1 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA 2 THIRD JUDICIAL DISTRICT AT ANCHORAGE 3 __________________________ 4 ) IN THE MATTER OF: ) 5 ) FAITH MYERS, ) 6 ) Respondent. ) 7 ) __________________________) 8 Case No. 3AN-03-277PR 9 10 TRANSCRIPT OF PROCEEDINGS 11 July 3, 2003 - Pages 1 through 27 12 BEFORE THE HONORABLE MORGAN CHRISTEN 13 Superior Court Judge 14 Anchorage, Alaska July 3, 2003 15 1:46 o'clock p.m. 16 APPEARANCES: 17 FOR THE STATE: JEFFREY T. KILLIP Assistant Attorney General 18 Attorney General's Office 1031 West 4th Avenue 19 Suite 200 Anchorage, AK 99501 20 FOR THE RESPONDENT: JAMES B. GOTTSTEIN 21 Law Offices of James B. Gottstein 22 406 G Street, Suite 206 Anchorage, Alaska 99501 23 24 25 0002 1 P R O C E E D I N G S 2 THE COURT: Case No. 3AN-03-277; this is 3 the Faith Myers matter. It's a closed proceeding. 4 Actually, did you want this to be an open 5 proceeding? 6 MR. GOTTSTEIN: It's open, yes, ma'am. 7 THE COURT: Okay. So we'll have this be 8 an open proceeding. I beg your pardon. Mr. 9 Gottstein in present and Mr. Killip is present. 10 And this is the time that I said I could 11 make available today to try to assist if I can. 12 MR. KILLIP: If I may, I apologize for -- 13 THE COURT: No problem. You're all right. 14 MR. KILLIP: Yeah, I just came from a 15 friend's funeral, so I'm shifting gears here. 16 THE COURT: I'm sorry. 17 MR. KILLIP: Yeah, Jim and I have been 18 working very hard at trying to bring together a less 19 restrictive treatment plan, and it's my 20 understanding that we pretty much have an agreement 21 to a less restrictive treatment plan for Ms. Myers. 22 But we do need to get a little bit more information 23 about the housing situation where Ms. Myers would be 24 discharged to. 25 I understand that -- that based on the 0003 1 information I got from Mr. Gottstein that Dr. Aron 2 Wolf would be assuming her care and the hospital 3 would need authorization, basically a release order, 4 authorizing Dr. Hanowell and Dr. Wolf to communicate 5 directly as part of this discharge of care. And 6 Southcentral Counseling would offer services to Ms. 7 Myers, in the event that she needs those. There are 8 services that are available 24 hours to her. 9 I meant to bring a copy of the letter from 10 the executive director, Jerry Jenkins, that 11 describes those services, and it's dated July 2nd, 12 and it was faxed to myself and it was directed to 13 Mr. Gottstein's attention. Also, Ms. Myers would be 14 encouraged to apply formally for services from 15 Southcentral Counseling and to actually have an open 16 case with them. 17 And it was my understanding that Dr. Aron 18 Wolf would be available by phone at approximately 19 2:00 p.m. and perhaps we could ask him a couple 20 questions about, you know, the details -- his 21 understanding of the details and whether he's okay 22 in assuming her care under those conditions. The 23 discharge would be effective today, and the push was 24 the holiday -- two things, the holiday weekend and 25 also obviously Ms. Myers' interest in leaving the 0004 1 hospital. The -- let me see. 2 I have brought a copy of an e-mail of a 3 proposed stipulation that Mr. Gottstein had drafted 4 in the last couple hours, put it on a disk; I 5 brought my laptop. I haven't read what he just 6 handed me. I assume it's something similar -- maybe 7 it's the same thing. But what I read, it seems to 8 me we probably need more information included in a 9 proposed stipulation of dismissal, but I guess what 10 I don't want to see happen is -- I mean, this case 11 has a lot of history and the parties have been 12 working together for a long time. 13 I would say -- it's fair to say that 14 there's a fair amount of frustration that has -- 15 that has built up over time on each side, but from 16 my view, we pretty much have an agreement and what I 17 don't want to see happen is for somebody to just 18 throw up their arms and walk away over something 19 that is not material. So, to the extent that the 20 Court can offer assistance in that regard, we would 21 welcome it. But my -- from my prospective, we've 22 got a discharge agreement; we just need to get a 23 little bit more information and now's the time to do 24 it. 25 And we can -- we're ready to put together 0005 1 a stipulation of dismissal now, as long as we get, 2 you know, the appropriate information. 3 THE COURT: Okay. So, let me just back up 4 a minute. Procedurally, you're talking about -- you 5 have a lot of balls in the air here. 6 MR. KILLIP: Yeah. 7 THE COURT: Procedurally, you're talking 8 about in this file, which is the case we're on 9 record on right now, you have two petitions pending 10 at the 180-day level; one to medicate and one to 11 forcibly commit her. And you're talking about an 12 agreement that would allow you to dismiss both of 13 them? 14 MR. KILLIP: Yes. 15 THE COURT: What would be the impact of 16 the pending appeals before the Supreme Court? 17 MR. KILLIP: From our -- well, it sounds 18 to me like Mr. Gottstein was not offering to wrap 19 the whole package into the stipulation, and maybe 20 that's the best way to do this because it is so 21 huge. But from our prospective, all that stuff 22 would become moot. 23 THE COURT: All right. And the reason I 24 need to know that is because the Supreme Court 25 otherwise is waiting for me to enter findings on the 0006 1 one stay, you know, which stay. I mean, there's 2 many. It's the stay at the 90-day level. And so I 3 need to know what your intention is as to that. 4 MR. GOTTSTEIN: Yes, Your Honor. What I 5 thought we were going to do, and we've got Mr. 6 Collins here to talk about the housing situation and 7 stuff, and Dr. Wolf will call at 2:00. And I 8 thought we were going to orally stipulate to a 9 dismissal, and I have a form of dismissal that I 10 handed him, if I may approach. 11 THE COURT: Sure. That's fine. I just 12 need to know what the terms are. I don't know where 13 she'd be living and whatnot, so... 14 MR. GOTTSTEIN: Right, right. 15 THE COURT: Okay. But, procedurally, you 16 both seem to be nod -- for the record, you're both 17 nodding your head, but the idea would be to dismiss 18 both 180-day petitions? 19 MR. GOTTSTEIN: Correct. 20 THE COURT: ALL right. And what about the 21 Supreme Court medication issue? 22 MR. GOTTSTEIN: Well, I think we're going 23 to argue -- probably argue whether or not it's moot 24 and should be dismissed. 25 THE COURT: Okay. But at any rate, you're 0007 1 not agreeing to dismiss it today? 2 MR. GOTTSTEIN: Correct. 3 THE COURT: Okay. 4 MR. GOTTSTEIN: But the 90-day -- and it's 5 in there -- the 90-day Court-ordered medication 6 Order would expire by the dismissal with prejudice 7 and by the passage of time, and so I think the 8 medication-stay issue becomes moot and it's just a 9 question of whether what's going to remain live at 10 the Supreme Court. 11 THE COURT: I see. All right. 12 MR. KILLIP: We would agree -- 13 MR. GOTTSTEIN: Does that make sense? 14 THE COURT: It makes sense. All right. 15 So, then getting back to the plan. The plan would 16 be that Ms. Myers would be discharged today? 17 MR. KILLIP: Yes. 18 THE COURT: And where's she going to go? 19 MR. GOTTSTEIN: Mr. Collins is going to 20 pick her up and they actually have a number of 21 options. He has a place, she has money, so there's 22 lots of options. 23 THE COURT: What I have in the Court's 24 record, all right, which is what I have to go on at 25 the moment is Dr. Hanowell's statement, I think, in 0008 1 the petition that he thought, or API's position was 2 that she would require close follow-up care, I 3 think, or words to that effect. So, the plan -- is 4 that what is addressed here? 5 MR. GOTTSTEIN: Well, Your Honor, the 6 petitions are going to be dismissed with prejudice, 7 so technically all that stuff goes by the wayside, 8 and it's just a matter of kind of more of a normal 9 voluntary situation. 10 THE COURT: I see. All right. So, then, 11 that's the understanding. If there's a problem or 12 another episode where she runs into difficulty, 13 you're both in agreement, then, you'd literally be 14 opening a new case number, you'd start all over 15 again -- 16 MR. KILLIP: Yes. 17 THE COURT: -- if a petition is filed? 18 MR. GOTTSTEIN: Correct. 19 THE COURT: All right. Okay. I know this 20 probably sounds, especially for the people in the 21 back of the courtroom, like we're being incredibly 22 picky about this, but this is a very procedurally 23 complex case and it's really quite important that we 24 are clear. 25 MR. GOTTSTEIN: Perhaps Your Honor would 0009 1 like to look over the proposed Order and maybe Mr. 2 Killip wants to -- 3 THE COURT: Is this the one that Mr. 4 Killip just -- 5 MR. GOTTSTEIN: Well, it's what I e-mailed 6 earlier, and rather than trying to deal with 7 different stipulations, I thought I'd put -- this is 8 what I thought we were going to do and that we'd 9 agree to it or not in open court today. And really 10 the key, from my perspective, is Ms. Myers' 11 discharge today. 12 THE COURT: Do you know whether API has 13 any problem logistically with the release by 6:00 14 today? 15 MR. KILLIP: No. 16 THE COURT: You don't think so? Okay. 17 MR. KILLIP: No. 18 THE COURT: Is the hospital's agreement -- 19 I beg your pardon -- I'm still fighting the same 20 cough. Is the hospital's agreement in paragraph 7 21 contingent upon that communication happening between 22 Dr. Hanowell and Dr. Wolf prior to the discharge? 23 MR. KILLIP: I think so, yeah. 24 THE COURT: What happens if there's 25 information exchanged that changes Dr. Wolfe's 0010 1 opinion about whether he can do this? Have you all 2 discussed that? In other words, I'm not sure how 3 much Dr. Wolf knows right now, what information he 4 needs from Dr. Hanowell, but he's available by phone 5 in three minutes, right? We can call Dr. Wolf? 6 MR. KILLIP: Yeah. 7 THE COURT: Okay. 8 MR. GOTTSTEIN: Yes, I think he's going to 9 call in at 2:00, Your Honor. 10 THE COURT: Okay. That's fine. Did you 11 let my staff know that? 12 MR. GOTTSTEIN: No. 13 THE COURT: Okay. I'll send them an 14 e-mail. 15 MR. KILLIP: Your Honor, concerning 16 paragraph 7, we would want a court order that would 17 not expire today for them to talk about the case. 18 We just want them to be able to communicate 19 effectively. 20 THE COURT: Yes, I agree. It sounds like 21 Dr. Wolf and Dr. Hanowell are authorized to 22 communicate beginning today? Is that the intention, 23 Mr. Gottstein? 24 MR. GOTTSTEIN: Your Honor, usually these 25 have some -- in fact, I was advised relatively 0011 1 recently -- there needs to be an expiration under 2 HIPAA -- I don't know about in a court order -- but 3 for release of information. So -- 4 MR. KILLIP: That's fine. 5 MR. GOTTSTEIN: -- I don't know. It 6 doesn't seem like more than seven or ten days would 7 really be necessary. 8 MR. KILLIP: Yeah, that's fine. 9 THE COURT: Ten days? 10 MR. KILLIP: That's fine, yeah. 11 THE COURT: Given that there's the long 12 weekend, beginning today and for a period of ten 13 days? 14 MR. KILLIP: Sure. 15 THE COURT: Is the written record to be 16 transferred to Dr. Wolf, so he has access to it? 17 Don't know? You're both looking at me quizzically, 18 but I think he's calling in -- 19 MR. KILLIP: Yeah. 20 THE COURT: -- right now, so we can check 21 and see if that's going to be necessary. 22 MR. KILLIP: Okay. 23 THE COURT: Dr. Wolf, can you hear me? 24 DR. WOLF: Yes. 25 THE COURT: Great. Thanks so much for 0012 1 calling in. This is Morgan Christen, sir. I'm the 2 judge assigned to this case. 3 DR. WOLF: Yes. 4 THE COURT: And I have you on a speaker 5 overhead in a courtroom. 6 DR. WOLF: Okay. 7 THE COURT: Mr. Gottstein and Mr. Killip 8 are both present. And I think I just have a couple 9 questions for you. Unless, Mr. Gottstein, did you 10 want to ask questions first? 11 MR. GOTTSTEIN: Go ahead, Your Honor. 12 THE COURT: Okay. Sir, I'm looking at a 13 stipulation in this case, a stipulation to dismiss 14 the case, and that would be to dismiss the 180-day 15 medication petition as well as the commitment 16 petition. I don't know if you've seen this -- 17 DR. WOLF: Yes. Mr. Gottstein e-mailed me 18 yesterday. 19 THE COURT: Right. Okay. On paragraph 7 20 it says, Dr. Aron Wolf and Dr. Hanowell, who of 21 course is from API, are authorized to communicate 22 today in all ways they deem necessary or desirable, 23 including access to records for the purpose of 24 arranging the release and discharge. And it strikes 25 me -- we just discussed this a moment ago -- that 0013 1 perhaps a ten-day limit so that you can continue to 2 have whatever conversations you need with Dr. 3 Hanowell might be helpful. 4 DR. WOLF: That would be helpful. 5 THE COURT: Would it be adequate? 6 DR. WOLF: Yes. 7 THE COURT: Okay. The other question we 8 just raised is whether you need a copy of the API 9 written record. 10 DR. WOLF: Well, just a discharge summary. 11 It is very long. I don't need the whole record. 12 THE COURT: Okay. I don't have any idea, 13 so it sounds like that's sufficient. 14 DR. WOLF: Yeah. 15 THE COURT: And the reason I mention it, 16 in part, sir, is because she was quite concerned 17 about medications that may have been administered to 18 her. And I don't know whether there's a medication 19 record that you'd need. 20 DR. WOLF: Well, the medication record 21 would be fine. One would hope that they would do 22 that. Maybe just the last ten days' worth of 23 medication records would be helpful. 24 THE COURT: Okay. All right. 25 MR. GOTTSTEIN: Yes, Your Honor. And, of 0014 1 course, one of the exhibits is a whole chart, too, 2 so I could make that available as well if he has any 3 questions. 4 THE COURT: Okay. But the exhibit was 5 prepared before there was a medication just the 6 other day? 7 MR. GOTTSTEIN: That last one, yes, Your 8 Honor. 9 THE COURT: Yeah. All right. 10 DR. WOLF: Right. Now, I did explain to 11 Mr. Gottstein and he knows that I am only doing 12 clinical practice part time and I'm doing the rest 13 of my time as a health care consultant. So, 14 although the back-up of Langdon Clinic in terms of 15 getting hold of me will be there, you know, I'm not 16 in the office every day, so I needed you to know. 17 THE COURT: All right. Mr. Killip, is 18 that a problem for you? 19 MR. KILLIP: Well, I guess the hospital -- 20 Dr. Wolf, this is Jeff Killip. 21 DR. WOLF: Yeah. 22 MR. KILLIP: The hospital just wants to 23 make sure that you're comfortable with this clinical 24 set-up. 25 DR. WOLF: Yeah. What I told Mr. 0015 1 Gottstein was that as long as the people here at 2 Langdon, who are available most of the time, then 3 have access to the piece of it with the Southcentral 4 crisis team, should that be necessary, then I'm 5 comfortable with it. 6 MR. KILLIP: Okay. 7 THE COURT: Mr. Killip, do you have other 8 questions you wanted to ask of Dr. Wolf? I don't 9 know whether you've had a chance to talk with him. 10 MR. KILLIP: No, I haven't. The other big 11 question, Dr. Wolf, from the hospital's standpoint 12 is whether you are comfortable with the discharge 13 today and the release of Ms. Myers to, as I 14 understand it, would be to Mr. Collins. He'd pick 15 her up and I'm not clear exactly on where she would 16 be staying. 17 DR. WOLF: Yeah. I was comfortable, 18 whether it's today or tomorrow, that, a, there would 19 be a safe place and that, b, that Mr. Collins be 20 aware of the responsibility he's taking on. That 21 kind of thing needs to be settled, if it can be done 22 today, that there is an appropriate place and he's 23 willing to do that and then I'm fine with it. 24 But I don't want her just to go out to 25 noplace and to not have that kind of thing. I mean, 0016 1 she said, you know, it would make her most 2 comfortable to be at a place and have him there as 3 basically a personal care attendant. 4 MR. KILLIP: Uh-huh. 5 THE COURT: And, sir, when you say "an 6 appropriate place," is a private residence an 7 appropriate place? 8 DR. WOLF: Oh, yeah. Oh, yeah. 9 THE COURT: Okay. Yes? 10 MR. GOTTSTEIN: Your Honor, and Mr. 11 Collins is available here if you have any questions 12 of him as well. 13 THE COURT: Okay. Sir, why don't you just 14 come up to the microphone if you would. You can sit 15 next to Mr. Gottstein. Just to make sure Mr. Killip 16 has an opportunity to ask whatever questions he 17 wants. 18 MR. COLLINS: Hello. Dorrance Collins, 19 Your Honor. 20 THE COURT: Nice to meet you. I recognize 21 you from several of these hearings in the back of 22 the room. 23 MR. COLLINS: All right. 24 THE COURT: I don't think anyone's ever 25 introduced you before. 0017 1 Sir, I take it you live in Anchorage? 2 MR. COLLINS: I live at 330 East 14th. 3 THE COURT: East 14th? 4 MR. COLLINS: Yes. 5 THE COURT: All right. So, is that a 6 private residence? 7 MR. COLLINS: It is. It's an apartment. 8 It's a three-room apartment. 9 THE COURT: All right. And do you think 10 that you have a clear understanding of what it is 11 you're supposed to do or what resources are 12 available to you if there is a problem? 13 MR. COLLINS: Yes, I do. 14 THE COURT: Okay. What would you do? 15 MR. COLLINS: Under what circumstances, 16 Your Honor? 17 THE COURT: Well, if she became very, very 18 agitated and you felt that you could not handle the 19 situation, who would you call for help? 20 MR. COLLINS: I couldn't see myself 21 approaching that, but if I did, I would call 22 Southcentral first. 23 THE COURT: All right. And is there 24 24-hour help available to him if he calls 25 Southcentral, Dr. Wolf? 0018 1 DR. WOLF: There is. They have a 24-hour 2 crisis line and that's the piece that the 3 Southcentral director said would clearly be 4 available for this. 5 THE COURT: Okay. 6 MR. KILLIP: Yes, my understanding also. 7 THE COURT: All right. Did you want to 8 ask other questions, Mr. Killip? 9 MR. KILLIP: No, Your Honor. 10 THE COURT: Mr. Gottstein? 11 MR. GOTTSTEIN: No, Your Honor. 12 THE COURT: All right. 13 DR. WOLF: Okay. And I think with this, 14 Your Honor, my staff here would -- and I think in 15 taking on this responsibility at Langdon, would want 16 to see Ms. Myers sometime in the next two weeks. So 17 either she or her -- or somebody responsible for her 18 should call here to get an appointment just so we 19 can touch base with her officially. 20 THE COURT: Mr. Gottstein, can you make 21 sure that that happens today so that's set up? 22 MR. GOTTSTEIN: Yes, Your Honor, I'll try 23 and get an appointment made for her. 24 THE COURT: Great. Thank you. 25 DR. WOLF: Okay. Thank you very much. 0019 1 THE COURT: Thank you so much, sir. 2 MR. KILLIP: Thank you, Dr. Wolf. 3 DR. WOLF: Yeah. 4 THE COURT: Anything further from either 5 one of you? 6 MR. GOTTSTEIN: Do we have -- is this 7 agreed to with the ten-day change? 8 MR. KILLIP: If I can just have like 30 9 seconds to just think about how far we've come, I 10 mean, because I just want to make sure that we're 11 not missing something important. 12 THE COURT: Uh-huh. I have one question 13 for you, Mr. Gottstein. It says that you're 14 dismissing the 180-day commitment petition dated 15 June 11th and the commission for the administration 16 of psychotropic medication dated June 17th and then 17 you're referencing two amended petitions, the 18 amended petition and the second amended petition. 19 MR. GOTTSTEIN: Yes, Your Honor. I 20 received a fax of a second amended petition which 21 was filed on July 1st, or at least I got the fax 22 even after opening arguments, and that was the 23 subject of my motion. And I never actually did 24 receive the original first amended petition, which 25 was going to have that single box checked, so... 0020 1 THE COURT: I was just going to ask: Is 2 the first amended petition just the form with the 3 box checked, Mr. Killip, and the second the 4 narrative? 5 MR. KILLIP: That's my understanding. 6 THE COURT: Okay. Are they both, then, 7 dated July 1 -- no. One of them's dated June? 8 MR. KILLIP: You know, I haven't seen 9 either one. 10 THE COURT: You didn't pre -- oh, that's 11 right, Dr. Hanowell prepares the petitions. 12 MR. KILLIP: Yes. But that was my 13 understanding. 14 THE COURT: Well, it hasn't reached my 15 file yet is the only problem, so I'll have to fill 16 in that date for you. But the record is clear, 17 then, that's what you're intending? 18 MR. GOTTSTEIN: Yes, Your Honor. 19 THE COURT: All right. That's fine. 20 MR. KILLIP: Your Honor, if I could just 21 make a phone call to my supervisor? Things have 22 been moving so fast and I'm not -- I'm not in a 23 position to make all these decisions myself. 24 THE COURT: That's just fine. If you 25 don't have any -- let me ask you first: Did you 0021 1 have any questions for the folks who are in the back 2 of the room or -- 3 MR. KILLIP: No. 4 THE COURT: -- or other folks here today? 5 All right. Why don't we just stand in recess for 6 five minutes so that you can make your call. All 7 right? 8 Off record. 9 (Break taken.) 10 THE COURT: We're back on record. 11 Mr. Killip, were you able to contact your 12 supervisor? 13 MR. KILLIP: Well, I left a message for 14 her, but it's just kind of a triple-check. But my 15 understanding is there's really nothing new here. 16 I'm comfortable with going forward. 17 THE COURT: Do you want me to wait, then, 18 until later this afternoon to get confirmation from 19 you, or are you ready for me to go forward? 20 MR. KILLIP: Well, let's see. It's 2:15. 21 Jim, what do you think? 22 MR. GOTTSTEIN: Well, it's just that we 23 have a, you know, jury trial scheduled for Monday. 24 MR. KILLIP: Yeah. 25 MR. GOTTSTEIN: I guess we'd need to know 0022 1 by the end of the day. So, but it's obviously up to 2 Mr. Killip. 3 MR. KILLIP: I'm comfortable going 4 forward, Your Honor. 5 THE COURT: All right. I can do that 6 then. My inclination -- well, before we leave this, 7 is there anything left other than this dismissal? 8 Any other loose ends? You're just ready to execute 9 it? Ready to execute it. 10 MR. KILLIP: Not that I can think of, Your 11 Honor. 12 THE COURT: All right. Mr. Gottstein, 13 let's talk about the Supreme Court issues, then. 14 The question is whether or not you need me to enter 15 the findings. That matter was remanded on the one 16 stay. Is it your suggestion, then, that I enter an 17 order that the need for those findings is moot? 18 MR. GOTTSTEIN: Yes, Your Honor. If you 19 would like me to prepare -- yeah, I think -- 20 THE COURT: I can do it. I just want to 21 be clear and make sure that I'm doing my job and 22 getting what you need by way of findings. Because 23 if you intend to pursue that appeal -- I'm kind of 24 getting mixed messages about whether it's really 25 moot. 0023 1 MR. GOTTSTEIN: No, well, I think the 2 issue of the stay is moot because the forced 3 medication petition has gone -- will have gone away. 4 And then -- and actually I think by entering that 5 order, it will really frame the issue for the 6 Supreme Court about whether or not the appeal should 7 be dismissed. 8 THE COURT: All right. So what I can do 9 is enter an order for the Supreme Court indicating 10 that I'm not entering findings because the stay is 11 moot because the -- but also advising specifically 12 that your intention is to go forward, because 13 otherwise I'm afraid you're going to get an 14 administrative order -- 15 MR. GOTTSTEIN: Okay. That would be 16 super. 17 THE COURT: -- kicking your appeal out, 18 so -- all right. 19 MR. GOTTSTEIN: That would be super. 20 THE COURT: All right. I will do that. 21 Gentlemen, the other thing to tell you is that where 22 we left off with the jury is that they were to call 23 in and leave a message with my law clerk after 24 verifying with their calendars that they could be 25 here Monday. And they have called in to a person 0024 1 that they will be here, and left actually kind of 2 heart-warming messages about we took the oath, we're 3 going to be there, we're doing our job. 4 And we really did put them through a long 5 day of jury selection. They won't necessarily -- 6 well, they won't be calling in to listen to the 7 recording because they're already scheduled to be 8 here Monday morning. So what I would do, all else 9 being equal, is -- but I'll only do it with your 10 permission -- is to meet with them, and you're 11 certainly invited to be there, but I'd like to at 12 least be able to explain to them what has happened. 13 Because in this case Mr. Gottstein's 14 client waived the usual closed proceeding 15 requirement, so the jurors at this point are about 16 the only people who don't know what's gone on. It 17 doesn't seem to me to be very fair. 18 MR. GOTTSTEIN: Your Honor, that's 19 perfectly acceptable to me and I'll probably show up 20 as well, I think. 21 THE COURT: All right. Mr. Killip. 22 MR. KILLIP: I'll be here, Your Honor. I 23 think it's a really good idea. 24 THE COURT: All right. Well, why don't 25 the three of us meet with them, then, so that we can 0025 1 thank them properly and answer whatever questions 2 they have about what's gone on in the proceeding. 3 All right? I'll appreciate that very much. 4 All right. Mr. Gottstein, on page 1 I'm 5 just going to cross out the date, so paragraph 3 6 will be the amended petition for that 180 commitment 7 without referencing to a date, all right, and 8 that'll resolve that problem. 9 Do you need a certified copy? You might. 10 MR. GOTTSTEIN: I might. 11 THE COURT: All right. We'll go ahead and 12 prepare one for you then. 13 Is there anything further? 14 MR. GOTTSTEIN: No, Your Honor. 15 THE COURT: All right. I want to thank 16 you both very much for working so hard on that. I'm 17 sure it was difficult to put together, but I 18 appreciate your efforts very much and I'll look 19 forward to meeting with you both on Monday morning. 20 MR. GOTTSTEIN: Your Honor, also I'd like 21 to say that your willingness to open your calendar 22 today gave us a target to shoot at and probably if 23 we didn't have that, we wouldn't have made it. So 24 you actually played a very important role in helping 25 bring this together. 0026 1 THE COURT: Well, you're welcome. Have a 2 good holiday. 3 We'll go off record. 4 (Proceedings concluded.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0027 1 TRANSCRIBER'S CERTIFICATE 2 3 I, LESLIE J. KNISLEY, hereby certify 4 that the foregoing pages numbered 1 through ^ are a 5 true, accurate, and complete transcript of the 6 requested proceedings in Case No. 3 AN-03-277PR, In 7 the Matter of the Hospitalization of Faith J. Myers, 8 Respondent, transcribed by me from a copy of the 9 electronic sound recording to the best of my 10 knowledge and ability. 11 12 13 ____________ ______________________________ Date LESLIE J. KNISLEY 14 15 16 17 18 19 20 21 22 23 24 25