Pyle v. Brooks

While I concur with the majority on the second point, namely, that the summary judgment for defendant in the declaratory judgment action was proper, I disagree on the first point, namely, that the writ of habeas corpus should issue.

The opinion concludes that inasmuch as the Mental Health Division failed to promulgate rules and regulations governing the voluntary commitment of minors, the instant voluntary commitment was a nullity.

This issue was not briefed or argued by the parties. In view of the effect the majority’s decision on this point may have upon similar prior commitments, I think we…