In the Matter of Simons

Ernest (Bill) Simons appeals both his commitment to Montana State Hospital for a 72-hour evaluation period and his commitment to the same hospital for a period of 90 days. We reverse both commitment orders.

We have jurisdiction over this matter pursuant to Section 53-21-131, MCA, which states in pertinent part:

“Appellate review of any order of short-term evaluation and treatment or long-term commitment may be had by appeal to the supreme court of Montana in the manner as other civil cases, except that the appeal may be taken at any time . . . within 90 days after discharge . . . .”

This appeal…