Press Release |
Chief Judge Timothy C. Evans announced a pilot project that will combine cases involving mental health treatment and guardianship before a single judge, thus providing more clarity and support for respondents and their families.
The pilot project, which starts February 20, will address a long-time source of frustration for respondents who are ordered to out-patient treatment due to mental health problems and who are disabled on some level and in need of guardianship, according to the Hon. Susan Kennedy Sullivan, who along with the Hon. Mary S. Trew will be handling the new court calendar. Currently, those issues are handled by separate court divisions, causing confusion and extra stress for respondents and their families, Kennedy Sullivan said.
“The goal is to finally merge these two arenas, because they should be merged for the benefit of respondents with certain mental health issues and legal matters in two court divisions,” said Judge Kennedy Sullivan.
“This new court calendar will help allow for more efficient case management and provide legal continuity of care to Cook County residents who need it for their well-being,” said Judge Evans.
Currently, the issues of involuntary treatment for mental health issues and guardianship are handled by two different court divisions – the County Division for mental health issues, and the Probate Division for guardianship cases.
Kennedy Sullivan offered a hypothetical example – a young man living with his parents is showing signs of a psychotic breakdown. The parents go to the Cook County State’s Attorney’s office seeking to have him involuntarily committed to a mental hospital for treatment and his protection.
But under the current system, the parents have no right to know which hospital he’s in or any details about his care, and won’t know when he’ll be released and under what terms. Also, the parents may not know how to apply for guardianship, or what level of guardianship is needed. This situation can create a “revolving door” in which adult mental health patients go back and forth between hospitals, the streets and their parents’ homes.
The pilot program would allow a more holistic approach, transferring cases of this kind to a new Calendar 20 docket, meant to maintain a central case management system and a single court call with a judge who hears cases involving respondents with legal issues in both the County and Probate Divisions. The assigned judges would be familiar with the applicable laws and prepared to hear the matters in both areas of law, Judge Kennedy Sullivan explained. This approach will allow for more efficient case management and improved continuity of care.
Attorney Matthew R. Davison of the Monahan Law Group, who has worked for ten years in the field of health law, said the pilot project is “much needed for our community members.”
“Put simply, this new court calendar considers the individual as a whole person and takes into account that they may have legal issues arising out of both our probate act as well as our mental health code,” Davison said. “Ultimately, the project promotes a uniform and comprehensive approach to solving the various issues that arise for our community members who live with mental illnesses. What's most exciting for me as a health law practitioner is that this approach presents a legal continuity of care for these individuals which mirrors what modern health care professionals advocate for as a best practice. Cook County is leading the way.”
Nothing in the pilot will interfere with the rights of respondents in any proceedings, according to Chief Judge Evans’ order. Any private or appointed counsel in a pending mental health matter and related pending guardianship matter shall receive notice of all proceedings on Calendar 20.
The pilot was created with assistance from Presiding Judge Maureen Ward Kirby, Presiding Judge Daniel B. Malone, Judge Susan Kennedy Sullivan and experienced attorneys who handle mental health and guardianship cases by Administrative Order 2025-04.
Follow the court on X @CookCntyCourt