In Re: Mh 2024-008892
── In Re: Mh 2024-008892 ──
Court: Court of Appeals of Arizona
Date: April 28, 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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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: MH2024-008892
No. 1 CA-MH 24-0209
FILED 4-28-2026
Appeal from the Superior Court in Maricopa County
No. MH2024-008892
The Honorable Elisa C. Donnadieu, Judge Pro Tempore
AFFIRMED
COUNSEL
Maricopa County Attorney’s Office, Phoenix
By Sean M. Moore
Counsel for Appellee
Office of the Legal Defender, Phoenix
By Robert Shipman, Lindsay Ficklin
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Jennifer M. Perkins delivered the decision of the Court, in
which Judge James B. Morse Jr. and Judge D. Steven Williams joined.
IN RE: MH 2024-008892
Decision of the Court
P E R K I N S, Judge:
¶1 Bowery B. (“Patient”) challenges the superior court’s order
finding him persistently or acutely disabled and directing him to undergo
involuntary mental health treatment. For the following reasons, we affirm.
FACTS AND PROCEDURAL BACKGROUND
¶2 In September 2024, a psychiatric nurse practitioner filed an
application for an involuntary mental health evaluation (“Application”) of
Patient. The superior court ordered Patient detained and evaluated. Two
doctors evaluated Patient, diagnosed him with a mental health disorder,
and recommended involuntary psychiatric treatment. One of the doctors
petitioned for court-ordered treatment, attaching an affidavit and a
psychiatric evaluation report from himself and the other doctor who
evaluated Patient. The court ordered that Patient be detained, appointed
counsel to represent him, and set a hearing on the petition for court-ordered
treatment.
¶3 At the hearing, Patient stipulated to the admission of the
doctors’ affidavits and evaluation reports. The State called two
acquaintance witnesses. One of them was a licensed counselor who
evaluated Patient at a rehabilitation center before the Application was filed.
They met only once, for approximately 40 minutes, and did not maintain
any relationship afterwards.
¶4 On October 8, 2024, the court granted the petition and ordered
Patient to undergo involuntary mental health treatment “for a period time
of not to exceed a total of 365 days.” Patient timely appealed, and we have
jurisdiction. A.R.S. §§ 12-2101(A)(1), 36-546.01.
DISCUSSION
¶5 We recognize this appeal is now moot because the treatment
order has since expired. While appellate courts generally do not consider
moot questions, Slade v. Schneider, 212 Ariz. 176, 179, ¶ 15 (App. 2006), we
may choose to do so at our discretion when the order at issue will continue
to have collateral consequences for any of the parties, Cardoso v. Soldo, 230
Ariz. 614, 617–18, ¶ 9 (2012). We will consider the merits of this appeal
because of the potential impact the involuntary treatment order may have
on Patient’s future interests. See In re MH2007-001236, 220 Ariz. 160, 165, ¶
12 n.3 (App. 2008) (deciding the merits of the appeal from an expired
involuntary treatment order because of the patient’s interests at stake as a
result of having that order on her record).
2
IN RE: MH 2024-008892
Decision of the Court
¶6 To prevail on a petition for court-ordered treatment, the
petitioner must provide: (1) testimony from “two or more witnesses[]
acquainted with the patient at the time of the alleged mental disorder”
{# 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. #}