Rule 6-601. Mental health commissioners.

Intent:

To identify the types of cases and matters which commissioners are authorized to hear, to identify the types of relief which commissioners may recommend, and to identify the types of orders which may be issued by commissioners.

Applicability:

This rule shall govern mental health proceedings for involuntary commitment of an individual.

Statement of the Rule:

(1) Types of cases and matters. All applications for involuntary commitment of individuals alleged to be mentally ill, which are filed in in counties where mental health commissioners are appointed and serving, shall be referred to the commissioner upon filing with the clerk of the court, unless otherwise ordered by the presiding judge.

(2) Authority of commissioner.

(2)(A) Except as limited in paragraph (4), the commissioner has authority to grant relief set forth in Utah Code Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental Health Facilities.

(2)(B) The commissioner has authority to sign orders directing individuals specified as designated examiners by the State Division of Mental Health to conduct examinations of proposed patients.

(2)(C) The commissioner has authority to recommend dismissal of the application based on the report of the examination.

(2)(D) The commissioner has authority to hold an evidentiary hearing and make findings of fact, conclusions of law and recommendations to the court.

(2)(E) The commissioner's recommendation has the effect of an order of the court until it is modified by the court.

(3) Judicial review.

(3)(A) A petition for a new hearing under Section 62A-15-631(13) shall be filed within 30 days after entry of the commissionerís recommendations.

(3)(B) If the new hearing is held before a commissioner, the person committed or that personís representative may object to the commissionerís recommendations under Rule of Civil Procedure 108.

(4) Prohibitions.

(4)(A) Commissioners shall not make final adjudications.

(4)(B) Commissioners shall not serve as pro tempore judges in any matter, except as provided by Rule of the Supreme Court.