Law Offices of James B. Gottstein

Office of Counsel

406 G Street, Suite 206

Anchorage, AK 99501

907-274-7686 phone

907-274-9493 fax

 

Attorney for Faith J. Myers, Respondent

 

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

 

THIRD JUDICIAL DISTRICT, AT ANCHORAGE

 

In the Matter of the Hospitalization                    )

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FAITH J. MYERS                                           )

____________________________________)           Case No. 3AN 03-277 PR

 

MOTION AND SUPPORTING MEMORANDUM FOR APPOINTMENT OF AN INDEPENDENT MEDICAL EXAM

 

            COMES NOW Respondent Faith J. Myers, by and through her attorney of record,

 

and moves pursuant to AS 47.30.745(e) to retain an independent licensed physician of her choice to examine her and testify on her behalf.  At the trial setting conference held earlier today, counsel for Respondent informed the court of his intent to obtain an independent medical evaluation of Respondent.  The court instructed counsel to submit a motion pertaining to this request if the state’s counsel would not stipulate to the independent examination.  The state has refused to stipulate to the independent examination.

            Under AS 47.30.745(e), an indigent respondent has the right, at the state’s expense, to an independent examine by a physician or other mental health professional.  The statute also makes clear that Respondent is entitled to have the examiner testify on his or her behalf.  Since Respondent is indigent,[1] there is no reason why an independent examiner of her choice should not be appointed to conduct an unbiased examination, and testify regarding the results.  

            Respondent requests to be examined by Douglas C. Smith MD.  Dr. Smith is a Juneau based psychiatrist who is currently traveling in Anchorage.  His schedule allows him to examine respondent tonight at 7:30 p.m.  Therefore, Respondent respectfully requests this court to issue an order appointing Dr. Smith to examine her at the Alaska Psychiatric Institute (API) tonight at 7:30.  Dr. Smith will need full cooperation from API in accommodating his examination of Respondent, including reasonable space and time to do so.  Dr. Smith’s will charge an examination fee of $150 per hour. 

            Dated:______________, 2003

                                                Law Offices of James B. Gottstein

                                               

By:_________________________

                                                            Martin A. Engel

                                                            ABA#0011073

 

 

 

 

 

 

 

Counsel certifies that this Memorandum, including the underlying Motion and proposed Order was faxed to Jeff Killip at 258-6872 this same date.

 

__________________

                                                           

 


[1] See attached Notice of Hearing and Order for Appointment of Court Visitor, which demonstrates that the Public Defender Agency has been appointed earlier in this matter.  The Public Defender Agency is not appointed to represent individuals unless they have been determined by the courts to be indigent.