In re WO, 20030358.

• Decision Date: 14 January 2004
• Docket Number: No. 20030358.,20030358.
• Citation: 2004 ND 8,673 N.W.2d 264
• Parties: In the Interest of W.O. Prairie at St. John's, Petitioner and Appellee. v. W.D.O., Respondent and Appellant.
• Court: North Dakota Supreme Court

673 N.W.2d 264

2004 ND 8

In the Interest of W.O.

Prairie at St. John's, Petitioner and Appellee. v. W.D.O., Respondent and Appellant.

No. 20030358.

Supreme Court of North Dakota.

January 14, 2004.

Robin Huseby, State's Attorney, Valley City, N.D., for petitioner and appellee.

Timothy P. Hill, Hill Law Office, Fargo, N.D., for respondent and appellant.

KAPSNER, Justice.

[¶ 1] W.O. appeals from a district court order dated December 4, 2003, revoking an Order for Less Restrictive Treatment and requiring W.O. to be hospitalized for the remainder of his treatment period. We dismiss the appeal as moot.

I.

[¶ 2] On October 21, 2003, W.O. was involuntarily committed to psychiatric facilities at Prairie at St. John's in Fargo, North Dakota. On November 18, 2003, the district court issued an Order for Less Restrictive Treatment allowing W.O. to receive care in Jamestown and continue partial hospitalization at Prairie at St. John's. On December 2, 2003, the district court amended the November 18, 2003, order based on a stipulation between the parties. The amended order allowed W.O. to return to his home in Valley City and receive care in Fargo on Mondays, Wednesdays, and Fridays. On Tuesdays and Thursdays, W.O. was to report to treatment programs available in Jamestown or Valley City.

[¶ 3] On November 28, 2003, a Valley City resident notified the Barnes County Sheriff that W.O. was driving erratically between the trees in the caller's shelter belt. Sergeant Mark Peterson and Sheriff McClaflin went to investigate. At their arrival, W.O. pulled his vehicle beside the officers' vehicle. Peterson asked W.O. to step out of his vehicle. Peterson reported W.O. appeared intoxicated because his speech was slurred. W.O. told Peterson he had been drinking and should not have been driving, and he was relieved when the officers arrived at the scene. Officer Peterson asked W.O. if he had been taking his medication and W.O. replied, "no." [¶ 4] Officer Peterson attempted to perform field sobriety tests on W.O., but W.O. was unable to complete the tests, claiming he could not recite the alphabet nor could he count backwards. The officer did not detect the smell of alcohol on W.O.'s breath, although W.O. stated that Chardonnay "comes out of the sky" and he just "sucks it in." The officer performed a breath test, which registered a blood alcohol content of .002%. The officer transported W.O. to the Law Enforcement Center, drafted an emergency petition to commit W.O., and then transported him to Prairie at St. John's.

[¶ 5] While traveling to Prairie at St. John's, W.O. told Officer Peterson that the technology in his new vehicle was so good that he could drive through other vehicles without getting hurt. The officer asked W.O. if he meant the vehicle had sensors on it so that the driver did not run into objects. W.O. responded by telling the officer that he could drive through an oncoming Greyhound bus without getting hurt. W.O. also told the officer he could drive off the road at highway speeds and the car would not roll over.

[¶ 6] W.O. was examined by staff at Prairie at St. John's when he was admitted. The examiner's report included accounts that W.O. had been in Pamida with his dog and that he was "raising `Cain.'" The report also stated W.O. was driving around Valley City sometime in November with the top down on his convertible and a dead deer in the back seat. The report also stated W.O. violated a restraining order numerous times because he believed the order had been dropped.

[¶ 7] On November 29, 2003, Dr. Edward Kelly examined W.O. and found that he was not yet sufficiently mentally stable to care for himself. On the same day, Susan Rau, a licensed social worker, petitioned the district court for involuntary commitment.

[¶ 8] On December 4, 2003, the district court heard evidence and found W.O. did not comply with the Order for Less Restrictive Treatment. The district court ordered the Less Restrictive Treatment Order terminated and W.O. hospitalized for the remainder of his 90-day treatment to end on January 18, 2004.

[¶ 9] On December 9, 2003, W.O. filed this appeal. W.O. argues the district court improperly revoked the Order for Less Restrictive Treatment because the evidence did not establish W.O. was not complying with the treatment order or that the treatment order was insufficient to prevent injury to W.O. or others. On December 17, 2003, the district court issued an Amended Order for Less Restrictive Treatment. The amended order was identical to the order dated December 2, 2003, allowing W.O. to attend day treatment at Prairie at St. John's on Mondays, Wednesdays, and Fridays and to attend alternative programs in Jamestown on Tuesdays and Thursdays.

II.

[¶ 10] "Before reaching the merits of an appeal, we consider the threshold issue of mootness." Fercho v. Remmick, 2003 ND 85, ¶ 7, 662 N.W.2d 259 (citing Simpson v. Chicago Pneumatic Tool Co., 2003 ND 31, ¶ 7, 657 N.W.2d 261). This Court does not render advisory opinions, and will dismiss appeals if the issue becomes moot. Sposato v. Sposato, 1997 ND 207, ¶ 8, 570 N.W.2d 212. There must be an actual controversy before this Court in order for it to...