In the Matter of N.L.

Summary

The Massachusetts Supreme Judicial Court dismissed as moot an appeal concerning civil commitment and involuntary antipsychotic treatment but exercised its discretion to address the continuance issue. The court held that a first request for a continuance under G. L. c. 123, §§ 7(c) or 8B(c), must be granted when denial would be reasonably likely to prejudice the person's ability to prepare a meaningful defense. The court further held that any denial must state with particularity the reasons on the record.

Holdings

1. The grant of a person's or counsel's first request for a continuance is mandatory when denial is reasonably likely to prejudice the person's ability to prepare a meaningful defense.
2. The length of a continuance is within the judge's sound discretion, but if the judge denies the requested continuance, the judge must state on the record with particularity why denial is not reasonably likely to prejudice the person's ability to prepare a meaningful defense.
3. Although N.L.'s appeal was moot following his discharge, the court exercised its discretion to decide the continuance issue because issues involving commitment and treatment of mentally ill persons are generally matters of public importance capable of repetition yet evading review.

Questions Presented

1. Whether a judge may deny a person's or counsel's first request for a continuance of a civil commitment hearing under G. L. c. 123, § 7(c), or an involuntary medical treatment hearing under § 8B(c).
2. Whether the appeal should be dismissed as moot after N.L.'s discharge from the hospital, and whether the Supreme Judicial Court should nevertheless decide the continuance issue.

Disposition

dismissed