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Montgomery—Only four months after parties to the 30-year-old Wyatt case signed a settlement agreement, U. S. District Judge Myron Thompson surprised on-lookers at Thursday’s fairness hearing by ruling in favor of the agreement from the bench. The landmark Wyatt v. Stickney lawsuit was filed in 1970 on behalf of a patient at Bryce Hospital, prompting former federal judge Frank M. Johnson, Jr. to issue his landmark decision that established a right to treatment for persons involuntarily committed to a state institution. In 1972, Judge Johnson handed down a ruling that established minimum standards for providing treatment and habilitation in state mental health and mental retardation facilities.

Today, Governor Don Siegelman was the first to address Judge Thompson, indicating his support for the settlement agreement and his commitment to securing the needed funding to comply with terms of the agreement. "I am committed to this agreement and committed to making it work. Individuals with mental illness and mental retardation deserve better. Their families deserve better and I’m pleased that Judge Thompson’s ruling will give them what they deserve," he said.

DMH/MR Commissioner Kathy E. Sawyer was the only official witness at the hearing, responding to questions by the department’s chief legal counsel and the judge. Commissioner Sawyer pledged her support and that of her staff to work with the Alabama Disabilities Advocacy Program (ADAP) to achieve compliance with terms of the settlement, which require implementation of a three-year plan to downsize state-operated psychiatric hospitals and developmental centers and significantly expand community-based service options.

"I am a little surprised, but delighted, that Judge Thompson approved the agreement from the bench. While we were optimistic, and work toward developing the three-year plan has already begun, we can now proceed with the knowledge that our plan, and its timely implementation, will finally terminate the longest running mental health lawsuit in the nation," Sawyer said. The implementation period is October 1, 2000 through September 30, 2003.

"Judge Thompson’s ruling is as important to consumers of our services as Judge Johnson’s ruling was 30 years ago. Judge Johnson established rights. Judge Thompson has established opportunities. This end to legal fees and additional costs to continue litigation, together with the promise of increased funds to implement the settlement, will result in new homes and apartments in the community, and many other services and supports consumers want and need," Sawyer said.

Sawyer has appointed 12 Wyatt work groups to address issues such as census reduction, quality improvement, community services, advocacy, community education and rate setting. Membership of the work groups is diverse, including consumers, family members, and community providers, as well as staff from the DMH/MR and the Alabama Disabilities Advocacy Program (ADAP).

There was little outright opposition to the proposed settlement agreement, but several family members of persons residing in state developmental centers expressed concerns to Judge Thompson about having to move their family members. Advocates, self-advocates and former DMH/MR commissioner Emmett Poundstone, III, expressed their support of the agreement to Judge Thompson.

The chief counsel for plaintiffs, James Tucker, informed the judge that a key condition of the agreement, the cooperative relationship and open flow of information between his agency, ADAP, and the DMH/MR had already begun. Former lead counsel for the plaintiffs, Ira Burnim, and Justice Department attorneys who have been sporadic parties to the suit as Amicus Curiae (friends of the court), also spoke out in favor of the settlement.

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