ADMINISTRATIVE ORDER

SUPREME COURT OF APPEALS OF WEST VIRGINIA

WHEREAS, the law of West Virginia has placed with the judicial branch of government, under the direction of the West Virginia Supreme Court of Appeals, a central role in the administration of the State's mental hygiene laws; and

WHEREAS, medical, scientific, social, and jurisprudential understanding, treatment, and response to mental illnesses, disorders and conditions have undergone a significant transformation and change since West Virginia's current mental hygiene laws were enacted; and

WHEREAS, there is widespread consensus among patients, families, advocates, medical and social service professionals and providers, law enforcement officials, judicial officers, and other concerned and affected persons, that West Virginia's current mental hygiene laws and related practices, policies and procedures should be fully reviewed, and where desirable, improved and updated, to assure that they conform with current medical, social, scientific, and jurisprudential understanding; and

WHEREAS, the Commission on the Future of the West Virginia Judiciary, in its final report dated December 1, 1998, after receiving public comment regarding the State's mental hygiene laws and related practices, policies, and procedures, found and recommended, inter alia, that a commission should be appointed to review the State's mental hygiene laws and related practices, policies, and procedures, and to develop and advance recommendations for needed change;

NOW, THEREFORE, IT IS ORDERED that the Chief Justice of the West Virginia Supreme Court of Appeals shall appoint a "Commission on Mental Hygiene Reform," and direct that the Commission:

(1) Review current mental hygiene laws, policies, practices, and procedures;

(2) Assess the extent to which such laws, policies, practices, and procedures are meeting the needs of West Virginia and her people, in light of current medical, social, scientific, and jurisprudential understanding;

(3) Identify and report on (a) the strengths of current laws, policies, practices, and procedures upon which to build; and on (b) areas of desirable improvement and change;

(4) Develop and propose specific recommended changes to existing laws, policies, practices, and procedures (a) that are feasible and achievable, and can command a broad consensus of support among the diverse interested and affected constituencies; and (b) that will ensure that West Virginia's mental hygiene laws, policies, practices, and procedures are and will continue to be consistent with current medical, scientific, social and jurisprudential understanding; and

IT IS FURTHER ORDERED that the Commission submit its deliberations to the Supreme Court of Appeals in the form of a final report by December 10, 1999.

ENTER: February 10, 1999

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LARRY V. STARCHER

CHIEF JUSTICE