PsychRights: Montana

Law Project for Psychiatric Rights: PsychRights

Montana

Lawsuit filed on behalf of psychiatric patients claiming they were isolated nearly 24/7 for nearly a year, by Holly Michels, Billings Gazette, September 16, 2016.
February 20, 2008, Montana Attorney General Complaint against Janssen Pharaceutica and AstraZeneca Pharaceuticals over fradulent promotion of Risperdal and Seroquel, respectively.
June, 2007, Standards for Counsel Representing Individuals Pursuant to the Montana Public Defender Act
March 6, 2007, Lawsuit by Montana against Eli Lilly over illegal and fraudulent marketing of Zyprexa to recover payments and costs by Medicad.
Executive Director of Montana Board of Visitors Admits to Illegal Actions. Among other things, the Montana Board of Visitors represents inmates at the Montana State Hospital in involuntary commitment legal proceedings. The Montana Supreme Court, in the case of In Re: the Matter of K.G.F., established the minimum standards for representing people faced with involuntary treatment in Montana. With respect to advocacy, the Montana Supreme Court ruled:

[T]he proper role of the attorney is to "represent the perspective of the respondent and to serve as a vigorous advocate for the respondent's wishes." Further: To the extent that a client is unable or unwilling to express personal wishes, the attorney should advocate the position that best safeguards and advances the client's interest. Additionally: In the courtroom, an attorney should engage in all aspects of advocacy and vigorously argue to the best of his or her ability for the ends desired by the client. (emphasis added, citations omitted)

What this means is that the lawyer has to advocate to the best of his or her ability for the ends desired by the client, unless the client can't say what he or she wants. However, Mr. Gene Haire, the Executive Director of the Montana Board of Visitors is proudly on record as saying the Montana Board of Visitors does not follow the law as laid down by the Montana Supreme Court in K.G.F. In that e-mail, Mr. Haire said the Montana Board of Visitors "has been a leader for 30 years in rational advocacy for people with mental illnesses in Montana," and then referred to the website of the Treatment Advocacy Center, which is on record that the the legal rights of people facing forced "treatment" orders get in the way of people having the "treatment" the Treatment Advocacy Center believes they should be forced to endure. In other words, "rational advocacy" means something other than what the client desires, which is what the Montana Supreme Court required in K.G.F. Thus, Mr. Haire has explicitly stated the Montana Board of Visitors is not following the law, i.e., is acting illegally. Of course, it is the inmates at Montana State Hospital who suffer the consequences.

On March 4, 2005, Jim Gottstein of PsychRights wrote the Montana Mental Disabilities Board of Visitors that it was, under the direction of Mr. Haire, operating illegally and suggesting that Mr. Haire be terminated and the Board of Visitors conform its practices to law.

April 13, 2005, response from the Board of Visitors.

On March 3, 2005, David Oaks, Director of MindFreedom/Support Coalition International wrote to newly elected Governor Schweitzer calling for Gene Hair, the Executive Director of the Montana Board of Governors, to be terminated.

Governor Schweitzer's March 18th response.

Michael Haan, J.D.'s April 5, 2005, response to the Governor.

On March 1, 2005, Michael Hann wrote the State's attorney, Paulette Kohman.
On February 28, 2005, Jim Gottstein wrote a letter to the Chief Justice of the Montana Supreme Court about how Montana citizens' rights are being systematically violated in defiance of the Montana Supreme Court's orders regarding the representation of people in Montana facing forced "treatment," concluding in footnote 21 that "One thing that is obvious is Mr. Haire should not be the Executive Director of the Montana Board of Visitors."

The Montana Supreme Court's March 16, 2005, (non) response.
Michael Haan's April 6, 2005, letter to Chief Justice Gray.

Montana State Hospital Six people at Montana State Hospital have contacted MindFreedom/Support Coalition International complaining of being illegally held and force drugged. That people are being held on pretexts and force drugged based on lies is almost universally true at state hospitals, but it is not usual for 6 people to call MindFreedom/Support Coalition International within a two-week period. MindFreedom/Support Coalition International's "no force" listserv took up the cause and very politely contacted Montana State Officials. Below are just a few of the e-mails with Gene Haire, Executive Director of the Montana Mental Disabilities Board of Visitors. We understand he is supposed to be an advocate for patients, but that seems far from the case and the below e-mails don't begin to demonstrate the hostility he unprofessionally expressed.

Jim Gottstein of PsychRights pushed very hard on behalf of one patient, resulting in a charge by Paulette Kohman, the attorney for the hospital, that he was engaging in the unauthorized practice of law (which would jeopardize his license to practice law). Mr. Gottstein responded that he had not engaged in the unauthorized practice of law in Montana. On February 28, 2005, Mr. Gottstein wrote a letter to the Chief Justice of the Montana Supreme Court about this and how Montana citizens' rights are being systematically violated in defiance of the Montana Supreme Court's orders regarding the representation of people in Montana facing forced "treatment."

In In the Matter of the Mental Health of CRC, on December 29, 2004, the Montana Supreme Court issued an important ruling regarding what was required to involuntarily commit someone. Two very important parts of the ruling were that involuntary commitment could not be established through hearsay that would be inadmissible at trial and

[W]e reiterate that imminent threat of injury must be evidenced by overt acts sufficiently recent as to be material and relevant to the person's present condition, and the danger must be fairly immediate.
A description and link to the very important case In Re: the Matter of K.G.F., which establishes the minimum standards for attorney assistance a person faced with involuntary treatment is entitled to in Montana.