The Involvement of Judicial Officials other than Judges in Decision Making in Involuntary Civil Commitment

Abstract

In nine states, judicial personnel other than judges authorize involuntary hospitalization; the author studied the system in North Carolina by soliciting responses from all magistrates, clerks of court, and clinicians in one state hospital's 16-county catchment area. Magistrates and clerks vary widely in education, experience, knowledge of commitment, and actual practices. Clinicians were dissatisfied with the actions of magistrates; and many magistrates were dissatisfied with clinical input, although most magistrates would prefer such input prior to issuing custody orders. Magistrates would like more information, both clinical and legal, about commitment.

The present system calls upon magistrates to make major decisions with insufficient knowledge and experience in mental health; initial hospitalization decisions would better be left with clinicians, as they are in many other states.