In re E.D.
In re E.D.
Opinion
*451 **111 This case is before us pursuant to the State's petition for discretionary review 1 of the Court of Appeals' decision which held that "in cases where a respondent [who is involuntarily committed to a State health facility] does not receive an examination by a second physician as mandated by N.C. Gen. Stat. § 122C-266(a), the respondent is not required to make a showing of prejudice resulting from the statutory violation in order to have the trial court's order authorizing her continued commitment vacated."
**112
In re E.D.
, --- N.C. App. ----, ----,
I. Factual and Procedural Background
The facts of this case begin on 26 December 2016 when respondent's sister filed an affidavit and petition for involuntary commitment in the District Court in Wake County requesting that respondent be taken into custody.
In the affidavit respondent's sister swore that respondent was mentally ill, was a danger to herself or others, was in need of treatment for her mental illness in order to prevent further disability and deterioration that would predictably result in dangerousness, and was a substance abuser who was dangerous to herself or others. In support of these assertions, respondent's sister swore to the following facts: (1) respondent was suicidal; (2) respondent attempted to jump out of a moving vehicle on Christmas Eve; (3) respondent threatened to kill her sister, her niece, and her mother when respondent's sister turned out a light in her own home and moved eggs in the refrigerator; (4) respondent has thrown knives, computers, and chairs at her sister; (5) respondent has been diagnosed with bipolar I disorder with manic, psychotic features; (6) respondent has abused prescription drugs and attempted to break down a bathroom door when she was intoxicated after drinking liquor; and (7) respondent threatened to "beat the skin off" her mother's face.
At 7:01 p.m. on the same day that respondent's sister filed the affidavit and petition, a magistrate found that respondent was mentally ill, was a danger to herself or others, was in need of treatment in order to prevent further disability and deterioration that would predictably result in dangerousness, and was a substance abuser who was dangerous to herself or others. Based on these findings, the magistrate ordered that law enforcement take the respondent into custody for examination by a **113 physician or eligible psychologist within twenty-four hours of issuance of the order. 2 Respondent was taken *452 into custody by Raleigh police at 8:00 p.m., and she was transported to UNC Hospital in Chapel Hill, North Carolina, at 8:30 p.m. 3
On 27 December at 1:30 p.m., respondent received her first examination by a physician as required by law. 4 The examining physician opined that respondent was mentally ill, was a danger to herself, and was a danger to others. As a result of these findings, the physician recommended that respondent should be subject to inpatient commitment for fifteen days. 5
On the same day as her first examination at UNC Hospital, respondent was transported to UNC Wakebrook Psychiatric Services (UNC Wakebrook) in Raleigh to begin her inpatient commitment. After her arrival at UNC Wakebrook, respondent received her second examination as required by law at 4:45 p.m.;
6
however, during this examination, respondent was seen by a
psychologist
. She was not examined by a
physician
as required by law. N.C.G.S. § 122C-266(a) (2017) ("[W]ithin 24 hours of arrival at a 24-hour facility described in G.S. 122C-252, the respondent shall be examined by a
physician
." (emphasis added));
see also
Based on her evaluation of respondent, the psychologist opined that respondent was mentally ill, a danger to herself, and a danger to others. Accordingly, the psychologist recommended that respondent be subject to inpatient commitment for five to ten days. 7 Respondent remained in custody at UNC Wakebrook until the hearing on her involuntary commitment in the District Court in Wake County on 5 January 2017.
Immediately following the hearing, the district court ordered that respondent be involuntarily committed at UNC Wakebrook for a period not to exceed thirty days. 8 In its order the court found that respondent was mentally ill; and was a danger to herself and others. At no point during the hearing did respondent raise the issue that her second examination was not conducted by a physician as required by N.C.G.S. § 122C-266(a). Respondent *453 filed her notice of appeal on 27 January 2017.
The Court of Appeals vacated respondent's involuntary commitment order.
In re E.D.
, --- N.C. App. at ----,
Second, the Court of Appeals relied on its own decision in
In re Barnhill
,
to hold that the violation of N.C.G.S. § 122C-266(a) entitled respondent to relief without her needing to show that she was prejudiced by the violation.
We allowed the State's petition for discretionary review of the Court of Appeals' decision on 7 June 2018 and now review the issues presented therein: (1) whether respondent's issue is automatically preserved for appellate review; and (2) whether respondent is entitled to relief on appeal without the need to demonstrate prejudice from the violation of N.C.G.S. § 122C-266(a).
II. Analysis
We conclude that the Court of Appeals erred when it held that N.C.G.S. § 122C-266(a) imposes a statutory mandate that automatically preserves a violation of that provision for appellate review. On that **116 basis, we reverse the decision of the Court of Appeals. Because we so conclude, and because respondent did not raise the issue of the violation of N.C.G.S. § 122C-266(a) at the district court hearing on her involuntary commitment, this issue is not preserved for appellate review. As a result, we need not-and do not-reach the issue of whether the Court of Appeals erred in concluding that respondent was not required to demonstrate prejudice from the violation.
This Court reviews a decision of the Court of Appeals for errors of law. N.C. R. App. P. 16(a) ;
State v. Mumford
,
Rule 10 of the North Carolina Rules of Appellate Procedure states the general rule governing how parties preserve issues for appellate review:
*454 In order to preserve an issue for appellate review, a party must have presented to the trial court a timely request, objection, or motion, stating the specific grounds for the ruling the party desired the court to make if the specific grounds were not apparent from the context. It is also necessary for the complaining party to obtain a ruling upon the party's request, objection, or motion.
N.C. R. App. P. 10(a)(1). Here, because respondent did not raise the issue of the violation of N.C.G.S. § 122C-266(a) before the district court, she failed to preserve this issue for appellate review under Rule 10 of the North Carolina Rules of Appellate Procedure.
Nonetheless, "[i]t is well established that 'when a trial court acts contrary to a statutory mandate and a defendant is prejudiced thereby, the right to appeal the court's action is preserved, notwithstanding defendant's failure to object at trial.' "
State v. Davis
,
**117
When a statute "is clearly mandatory, and its mandate is directed to the trial court," the statute automatically preserves statutory violations as issues for appellate review.
Hucks
,
The State and respondent do not disagree with the rule that a statute's mandate must be directed to the trial court in order to automatically preserve a statutory violation as an issue for appellate review;
see, e.g.,
Davis
, 364 N.C. at 303,
Accordingly, the State argues that the Court of Appeals erred in concluding that the issue of the violation of N.C.G.S. § 122C-266(a) was automatically preserved because that statute does not expressly direct its mandate at the trial court, and because the mandate involves "a psychiatric examination of a civil-commitment respondent" which the trial court cannot perform. By contrast, respondent argues that the Court of Appeals was correct to conclude that the issue was automatically preserved because the district court, presumably through its role in conducting hearings, is implicitly called upon to supervise state health care facilities when people are involuntarily committed to those facilities.
We conclude that the State's reading of our prior decisions is more consistent with our present view of these cases. Specifically, in
Davis
we concluded that there was a statutory mandate that automatically preserved an issue for appellate review when the statute at issue prohibited the trial court from entering additional sentences against defendant because other judgments entered against him "impose[d] greater punishment for the same conduct." 364 N.C. at 305-06,
In each of these cases we concluded that there was a statutory mandate that automatically preserved an issue for appellate review when the mandate was directed to the trial
*456
court either: (1) by requiring a specific act by the trial judge,
Bryant
,
We are not persuaded by respondent's argument that our case law extends the statutory mandate exception in Rule 10(a) of the North Carolina Rules of Appellate Procedure beyond the two instances described above. Specifically, respondent's reliance on our decision in
Hucks
is misplaced because in that case the statute required the trial court to act within its authority to direct courtroom proceedings to appoint an assistant counsel for an indigent defendant in a capital murder trial.
Further, we do not view
State v. Lawrence
as compelling authority here because in that case the statute required the trial court to act within its authority to direct courtroom proceedings to ensure that the State passed a full panel of twelve jurors to the defendant during jury selection.
Unlike the cases involving the requirement that jurors be selected from the panel at random under N.C.G.S. § 15A-1214(a), our cases, such
**120
as
Lawrence
, which concern the requirement that a prosecutor tender a full panel of jurors to the defendant under N.C.G.S. § 15A-1214(d) and (f), have held that a violation of that requirement is automatically preserved for appellate review.
See
State v. Garcia
,
Unlike the statutory mandate in N.C.G.S. § 15A-1214(a), the mandates in N.C.G.S. §§ 15A-1214(c) and 15A-1214(d) and (f) directly involve the trial court's responsibility "to exercise its discretion,"
id.
at 497,
Finally, to the extent respondent relies on
State v. Cummings
, we conclude that
Cummings
is inapposite because the Court there did not
**121
even address whether there was a statutory mandate that automatically preserved
*457
a statutory violation as an issue for appellate review.
We hold that a statutory mandate that automatically preserves an issue for appellate review is one that, either: (1) requires a specific act by a trial judge,
see
State v. Starr
,
Here N.C.G.S. § 122C-266(a) states that "within 24 hours of arrival at a 24-hour facility described in G.S. 122C-252, the respondent shall be examined by a physician." As such, this statute does not require a specific act by a trial judge. Furthermore, the statute does not place any responsibility on a presiding judge. Instead, the provision requires that a physician perform an examination at a designated "state facilit[y]."
As a result, we conclude that this alleged violation of N.C.G.S. § 122C-266(a) is not automatically preserved and that respondent failed to preserve the issue when she did not raise it during the district court hearing on her involuntary commitment.
See
N.C. R. App. P. 10(a)(1). Accordingly, the Court of Appeals' decision in
In re Spencer
,
III. Conclusion
Because respondent's issue is not preserved for appellate review, we reverse the decision of the Court of Appeals on that *458 basis. Moreover, because of our decision, we need not-and do not-reach the issue of whether the Court of Appeals erred in concluding that respondent was automatically entitled to relief without having to demonstrate that she was prejudiced by the violation of N.C.G.S. § 122C-266(a).
REVERSED.
Justice DAVIS did not participate in the consideration or decision of this case.
Respondent's conditional petition for discretionary review was denied on 7 June 2018.
N.C.G.S. § 122C-261(b) (2017) ("If the clerk or magistrate finds reasonable grounds to believe that the facts alleged in the affidavit are true and that the respondent is probably mentally ill and either (i) dangerous to self, as defined in G.S. 122C-3(11) a., or dangerous to others, as defined in G.S. 122C-3(11) b., or (ii) in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness, the clerk or magistrate shall issue an order to a law enforcement officer or any other person authorized under G.S. 122C-251 to take the respondent into custody for examination by a physician or eligible psychologist.").
Under North Carolina law, a law enforcement officer who assumes custody over a mentally ill individual under N.C.G.S. § 122C-261(b) must, "[w]ithout unnecessary delay," take the individual to a facility for an examination "by a physician or eligible psychologist."
North Carolina law requires that, upon being taken into custody, the individual be examined by a "physician or eligible psychologist" within twenty-four hours.
"If the physician or eligible psychologist finds that the respondent is mentally ill and is dangerous to self, as defined in G.S. 122C-3(11) a., or others, as defined in G.S. 122C-3(11) b., the physician or eligible psychologist shall recommend inpatient commitment, and shall so show on the examination report."
"If the physician finds that the respondent is mentally ill and is dangerous to self, as defined by G.S. 122C-3(11) a., or others, as defined by G.S. 122C-3(11) b., the physician shall hold the respondent at the facility pending the district court hearing."
"To support an inpatient commitment order, the court shall find by clear, cogent, and convincing evidence that the respondent is mentally ill and dangerous to self, as defined in G.S. 122C-3(11) a., or dangerous to others, as defined in G.S. 122C-3(11) b. The court shall record the facts that support its findings."
Although respondent's involuntary commitment order has expired, this case is not moot.
In re Hatley
,
The State also relies on our decision in
State v. Braxton
,
Consistent with our prior case law, this rule does not treat the North Carolina Rules of Evidence as statutes that contain mandates that automatically preserve issues for appellate review.
See
State v. Young
,
Reference
- Full Case Name
- In the MATTER OF: E.D.
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- Syllabus
- Appeal from a decision of the Court of Appeals vacating an order authorizing respondent's continued involuntary commitment for failure to comply with N.C.G.S. 122C-266 whether the issue on appeal was automatically preserved and if so, whether respondent was required to show prejudice before the order could be vacated.