Free v. G.K.S.
| Decision Date | 12 January 2012 |
| Docket Number | No. 20110367.,20110367. |
| Citation | 809 N.W.2d 335,2012 ND 17 |
| Parties | Interest of G.K.S.Madeline Free, M.D., Petitioner and Appellee, v. G.K.S., Respondent and Appellant. |
| Court | North Dakota Supreme Court |
2012 ND 17
809 N.W.2d 335
Interest of G.K.S.Madeline Free, M.D., Petitioner and Appellee,
v.
G.K.S., Respondent and Appellant.
No. 20110367.
Supreme Court of North Dakota.
Jan. 12, 2012.
[809 N.W.2d 335]
Justin Jon Schwarz (on brief), Assistant State's Attorney, Bismarck, N.D., for petitioner and appellee.
Gregory Ian Runge (on brief), Bismarck, N.D., for respondent and appellant.
CROTHERS, Justice.[¶ 1] G.K.S. appeals from a district court order finding G.K.S. chemically dependent and a person requiring treatment and ordering him to undergo treatment at
[809 N.W.2d 336]
the North Dakota State Hospital for up to 90 days. We dismiss G.K.S.'s appeal as moot because the court's involuntary commitment order was vacated.
[¶ 2] On November 25, 2011, Dr. Madeline Free petitioned the district court for involuntary commitment of G.K.S., asserting he requires treatment because he is chemically dependent and as a result of his condition, a reasonable expectation of a serious risk of harm exists if he is not treated. On November 30, 2011, the court held an involuntary commitment hearing under N.D.C.C. § 25–03.1–19. After the hearing, the court found by clear and convincing evidence that G.K.S. had an alcohol dependency, and found him to be a person who is chemically dependent and requiring treatment. The court ordered up to 90 days of inpatient involuntary treatment at the State Hospital. On December 19, 2011, G.K.S. filed an expedited appeal under N.D.R.App.P. 2.1.
[¶ 3] On December 19, 2011, Dr. Free filed a notice of release with the district court, indicating G.K.S. was “ordered to submit to the treatment indicated by the above-named court on the date indicated” for 90 days. He was released from the custody and treatment of the State Hospital on December 15, 2011. Dr. Free also requested an “order of dismissal.” On December 21, 2011, Dr. Free, through the Burleigh County Assistant States Attorney, moved the district court to dismiss the 90–day treatment order based on the notice of release. The court granted the State's motion on December 22, 2011, and entered an order of dismissal. Based on the dismissal while G.K.S.'s appeal was pending, this Court asked the parties to address whether this appeal should be dismissed as moot.
[¶ 4] This Court may consider the threshold issue of mootness in every appeal. In re Guardianship/Conservatorship of Van Sickle, 2005 ND 69, ¶ 12, 694 N.W.2d 212; In re D.P.O., 2005 ND 39, ¶ 8, 692 N.W.2d 128. This Court does not render advisory opinions and will dismiss an appeal if...
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