Background
Mika Hilberman, who has a history of mental illness and psychiatric hospitalizations, was admitted to Boulder Community Hospital in October 2025 after not eating or drinking and exhibiting disorganized, delusional, agitated, and aggressive behavior. She was initially certified for short-term mental-health treatment and subject to an involuntary-medication order, then transferred to the Colorado Mental Health Hospital in Fort Logan.
The People later sought a six-month long-term certification on the ground that Hilberman was gravely disabled, along with authorization to administer nine medications. At the April 2026 hearing, Hilberman’s lawyer was unavailable because of an injury. The district court offered either to proceed without counsel or continue the matter so she could receive a new lawyer. Hilberman elected to proceed, and the court found that she had waived counsel knowingly and voluntarily. It then granted the long-term certification and medication request.
The Court’s Holding
The Colorado Court of Appeals reversed. A respondent in these proceedings has a statutory right to counsel, and may waive it only knowingly and intelligently. The appellate court concluded that the district court applied the wrong standard when it found Hilberman’s waiver knowing and voluntary, rather than knowing and intelligent.
Reviewing the entire record, the court was not convinced that Hilberman intelligently waived counsel. Although she at times advocated for herself, other statements reflected an incomplete understanding of the purpose or consequences of the proceeding. The error undermined confidence in the fairness and outcome of the hearing because counsel is an essential safeguard in proceedings that significantly intrude on bodily integrity, and Hilberman was prejudiced by proceeding without assistance in presenting treatment-placement options.
Key Takeaways
- A patient in a Colorado mental-health certification proceeding may waive counsel only through a knowing and intelligent waiver.
- A finding that a waiver was knowing and voluntary does not satisfy the statutory standard.
- An invalid waiver of counsel warrants reversal when the deviation undermines confidence in the fairness and outcome of the certification proceeding.
Why It Matters
The decision reinforces that courts must carefully assess a respondent’s capacity to make an intelligent choice before permitting self-representation in civil commitment and involuntary-medication proceedings. The requirement carries particular force when the petition itself alleges that the respondent cannot make critical medical decisions independently.