Once I found out I could not have access to the court records I began asking my new attorney to get this information for me. All I knew was that there had been some court proceedings prior to my release from the hospital. The attorney failed to furnish the requested information so I wrote him on August 11th detailing some of the problems with my case and asking to go back to court to clarify these issues. I also asked for an appointment.
Time passed and he did not reply to my letter so on August 25th I wrote Judge Canady and explained that my lawyer was ignoring me and I wanted access to my court records. Did not hear from the judge but my attorney sent me some copies including the court's Order of Treatment. Of the documents that I received, several were undated and/or unsigned. I had specifically requested a transcript of any court hearings. My attorney said he did not have these. Guess it was too much trouble to get them from the court.
The most interesting item was the Order for Outpatient Treatment. This was the judge's decision based on a court hearing held April 21, 2008. At this time I was still incarcerated in OSH and had no knowledge of the proceedings. Or did I? According to the Order I was present along with my attorney. Although the hearing was held April 21, I did not receive a copy of the OTO until Sept. 3rd.
Item #2 of the order states "That by clear and convincing evidence the proposed patient is a mentally ill person as defined by K.S.A. 59-2902." I imagine so! Four County presented ALL of the evidence and I had no opportunity to defend myself.
Was this one of those famous "Kangaroo Courts" (click) that we hear so much about? But don't go away. There is more.
I have been diagnosed and judged both by Four County and the District court as a"Certifiably Dangerously Loony" but Item #3 states "That the proposed patient would best be treated for his mental illness on an outpatient basis at Four County Mental Health Center .....blah...blah...blah". Final diagnosis -"Crazy, but plays well with others".
On Sept. 13th. I wrote the judge again detailing the shoddy legal assistance I have received and requesting once more that I have access to all of my court files. The Freedom of Information act covers this situation. I also ask the court to appoint me a new lawyer.
Tuesday, September 9, 2008
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