MENTAL HEALTH AND SUBSTANCE ABUSE CASES IN THE DISTRICT COURTS

Over 9,000 mental health and substance abuse cases were filed in the
district courts across the commonwealth during fiscal year 2008. This
number does not include the numerous criminal cases filed where issues
of competency to stand trial and criminal responsibility are decided
by judges - these matters are among the most sensitive and emotionally
demanding cases heard by the judges of the district court.

Many of the cases involve persons who are not involved in the criminal
justice system but are alleged to be in need of hospitalization as
they are a danger to themselves or to others because of their mental
illness. Judges also consider whether to authorize the administration
of medications to such patients to treat their mental illnesses.

Persons who suffer from substance abuse addiction also regularly come
before the court. Judges may commit such individuals to a treatment
facility for 30 days if there is a likelihood of serious harm because
of their alcohol or drug abuse.

In the context of criminal litigation, a criminal defendant's mental
health may impact that person's competency to stand trial or criminal
responsibility for his or her actions. In these situations, judges
make determinations of the individual's competency to stand trial and
(in jury waived cases) criminal responsibility.

District Court Chief Justice Lynda M. Connolly has recognized the
importance of the role played by district court judges in mental
health cases.

"The task of assessing an individual's mental health is a difficult
one," she says. "Judges are committed to fulfill their
responsibilities in a manner that recognizes both the civil liberties
of the persons involved and public safety."

In each of these situations, judges make their decisions only after a
hearing at which the person is represented by counsel and after
evaluating expert testimony provided by mental health clinicians.
Hearings for individuals who are already confined at mental health
hospitals are usually conducted at the hospitals rather than requiring
that they be transported to the courthouse.

Mental health and substance abuse matters in the communities of
Hamilton, Wenham, Ipswich, and Topsfield are heard in the Ipswich
District Court. Chief Justice Connolly recently recognized the
leadership team of the Ipswich District Court.

"There is no doubt that the leadership exhibited by First Justice
Allen G. Swan, Acting Clerk-Magistrate Kathryn Morris Early and Chief
Probation Officer Michael A. Bulgaris has been instrumental in the
success of the district court and its ability to better serve the
communities of Hamilton, Ipswich, Topsfield and Wenham," she says.

The Ipswich District Court is located at 188 State St., Newburyport.
The telephone number for the court is 978-462-2652 and the hours of
operation are 8:30 a.m. to 4:30 p.m.

Last year more than 784,000 separate cases were filed in the 62
district courts in Massachusetts. In addition to mental health, the
court's jurisdiction includes criminal, civil, small claims, motor
vehicle and restraining order cases.

For more information about the district court visit
www.mass.gov/courts/courtsandjudges/courts/districtcourt/index.html.