In Re: Mh2024-008242
── In Re: Mh2024-008242 ──
Court: Court of Appeals of Arizona
Date: April 20, 2026
Category: General
NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
IN RE: MH2024-008242
No. 1 CA-MH 24-0188
FILED 04-20-2026
Appeal from the Superior Court in Maricopa County
No. MH2024-008242
The Honorable Terri L. Clarke, Commissioner
AFFIRMED
COUNSEL
Maricopa County Attorney’s Office, Phoenix
By Sean M. Moore
Counsel for Appellee
Maricopa County Legal Defender’s Office, Phoenix
By Robert S. Shipman
Counsel for Appellant
IN RE: MH 2024-008242
Decision of the Court
MEMORANDUM DECISION
Chief Judge Randall M. Howe delivered the decision of the Court, in which
Presiding Judge Cynthia J. Bailey and Judge Andrew M. Jacobs joined.
H O W E, Judge:
¶1 Mental health patient A.G. appeals the superior court’s order
imposing on him mandatory mental health treatment. For the following
reasons, we affirm.
FACTS AND PROCEDURAL BACKGROUND
¶2 A.G. has a history of mental illness and is designated
seriously mentally ill. In the fall of 2024, he was scheduled for release from
the Maricopa County Jail when two licensed social workers, D.G. and D.L.
met with him. A.G. displayed concerning behavior: he was “initially not
verbal” and responding to internal stimuli, then began talking to himself
and acting aggressively, cursing at a social worker. Law enforcement took
him from the jail to a behavioral health facility. Observation at the facility
revealed that A.G. continued to respond to internal stimuli, and a crisis care
manager applied to have A.G. admitted for an involuntary evaluation.
Attached to that application was a witness information form listing D.G.
and D.L. as potential witnesses. A psychiatric mental health nurse
practitioner petitioned for a court-ordered evaluation, which the court
granted.
¶3 Upon evaluation, a physician petitioned for court-ordered
treatment. Attached to this petition was a witness list including D.G. and
D.L. A.G.’s counsel moved to preclude D.G. and D.L. from testifying,
arguing that because they were licensed social workers, they were subject
to confidentiality requirements preventing them from testifying. The
motion stated that “should the court permit the testimony . . . [A.G.] hereby
requests additional time to voir dire the witnesses” about their
confidentiality obligations. Citing Matter of Commitment of Alleged Mentally
Disordered Person, 181 Ariz. 290, 293 (1995), counsel argued that “the
proposed acquaintance witnesses conducted mental health evaluations []
for the sole purposes of determining commitment” and thus failed to meet
2
IN RE: MH 2024-008242
Decision of the Court
the petitioner’s obligation to provide acquaintance witnesses who did not
“participate[] in the psychological evaluation of the patient for commitment
purposes.”
¶4 The court held a hearing on the petition. At the hearing, the
court noted that A.G.’s counsel amended the motion to include the
argument about acquaintance witness eligibility at the last minute, that
neither the court nor the State had time to review the amended motion
before the hearing, and that a similar issue was pending before this Court.
The court determined that it would “have the witnesses testify, subject to
the objections” and proceed depending on guidance from this Court. The
State called D.G. and D.L. who both testified that they were licensed social
workers working at the Maricop
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}