Cramer

Appellants are all severely mentally retarded individuals institutionalized at Patton State Hospital.

Michael was originally committed to Patton on November 19, 1979, by the Superior Court, San Diego County, pursuant to Welfare and Institutions Code section 6500. He is a 34-year-old with an I.Q. of 39. Because a section 6500 commitment automatically expires annually, a petition for recommitment was filed by the district attorney on November 13, 1980. On the same day, the superior court issued an ex parte, temporary “hold” order placed on Michael. As a basis for this order, the district attorney presented records from Patton, including diagnostic reports and evaluation from different doctors and psychiatrists. They reveal that Michael becomes intermittently aggressive and violent, making him a danger to both himself and others. On February 19, 1981, Michael was recommitted following a formal, judicial hearing on the petition. Michael contends the interim hold order violated his constitutional rights.

Linda’s story is much the same. She is a 24-year-old with an I.Q. of 32. Her retardation stems from unknown causes. She was diagnosed as schizophrenic and autistic at the…