Summary 2013 WY 15

Summary of Decision February 6, 2013


Justice Davis delivered the opinion for the Court. Affirmed.

Case Name: IN THE INTEREST OF RB, STATE OF WYOMING, by and through the office of the PARK COUNTY ATTORNEY v. WYOMING STATE HOSPITAL and RB

Docket Number: S-12-0141

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Park County, Honorable Steven R. Cranfill, Judge.

Representing Appellant: William K. Struemke, Deputy Park County Attorney, Park County Attorney’s Office, Cody, Wyoming.

Representing Appellee Wyoming State Hospital: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General.

Representing Appellee RB: No appearance

Date of Decision: February 6, 2013

Facts: The Fifth Judicial Court involuntarily hospitalized RB, a middle-aged man, at the Wyoming State Hospital after a period of emergency detention at West Park Hospital in Cody, Wyoming. He was detoxified of opiates and other controlled substances and eventually stabilized on psychotropic medications. The State Hospital gave notice that it intended to discharge RB, and the Park County Attorney’s Office filed an objection with the district court, claiming a right to a hearing on the merits of the State Hospital’s decision. The district court found that Park County had no statutory right to object to RB’s discharge, and therefore had no standing to do so.

Issues: Does a county attorney have authority to object to a patient’s discharge from involuntary civil commitment under Chapter 10 of Title 25 of the Wyoming Statutes?

Holdings: The Court found that the involuntary hospitalization statutes do not provide authority for a county attorney to object to the proposed discharge of a patient from involuntary civil commitment, and therefore affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]