Supreme Court of Illinois

In the matter of a petition seeking the involuntary administration of psychotropic medication to a defendant found unfit to stand trial, a denial of due process resulted from the fact that the second opinion which is supposed to be given by an impartial medical expert should have been given by a psychiatrist, rather than by a psychologist, because only a psychiatrist is qualified to prescribe medication.

Appellate Information

• Decided 11/18/2004
• Published 11/18/2004

Judges

• Justice RARICK delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Jeff M. Plesko, William J. Conroy, Jr., Anthony E. Rothert and Teresa L. Berge, of the Illinois Guardianship and Advocacy Commission, Rockford, for appellant., Lisa Madigan, Attorney General, Springfield, and Meg Gorecki, State's Attorney, St. Charles (Gary Feinerman, Solicitor General, and Linda D. Woloshin and Colleen M. Griffin, Assistant Attorneys General, Chicago, of counsel), for the People., Mark J. Heyrman, Chicago, and Anna Pervukhin, law student, for amici curiae Mental Health Association in Illinois and Edwin F. Mandel Legal Aid Clinic Mental Health Project.