Opinion
OP 23-0676
11-20-2023
MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, Petitioner, v. EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY, HONORABLE JOHN W. PARKER, Presiding, Respondent.
ORDER
Petitioner Montana Department of Public Health and Human Services (DPHHS), via counsel, seeks a writ of supervisory control over the Eighth Judicial District Court, Cascade County, to vacate its November 13, 2023 Order on Evidentiary Hearing in its Cause No. DDC-23-181. In that order, the court ordered DPHHS to file a written plan outlining its efforts to reduce the backlogged wait list for criminal defendants to the Montana State Hospital for evaluation for fitness to proceed.
In the petition, DPHHS alleges it has been unable to obtain a transcript of the hearing. However, DPHHS does not indicate that it complied with M. R. App. P. 8(3), as is its obligation under the Montana Rules of Appellate Procedure.
Having reviewed the Petition and the challenged Order, this Court deems it appropriate to first ascertain the status of the underlying criminal matter.
IT IS ORDERED that, on or before November 27, 2023, DPHHS shall file with this Court a status report, under seal if necessary, as to the current status of defendant William John Anderson with respect to Cascade County Cause No. DDC-23-181.
The Clerk is directed to provide immediate notice of this Order to all counsel of record in the Eighth Judicial District Court, Cascade County, Cause No. DDC-23-181, and the Honorable John W. Parker, presiding.