D.J.L. v. State

1998 OK CIV APP 126, 964 P.2d 983
Court of Civil Appeals of Oklahoma·Decided September 18, 1998·No. No. 89818·Published·Cited by 2 cases

Opinion

OPINION

BUETTNER, Presiding Judge.

¶ 1 A jury in Creek County rendered a verdict finding D.J.L., Jr. a person requiring treatment. The court thereupon ordered D.J.L. committed to the Department of Mental Health and Substance Abuse Services for treatment, including medication. The term of the inpatient treatment was “for so long as the superintendent of Western State Hospital [Fort Supply, Oklahoma] feels that treatment is needed ... ”. The State had called two witnesses in support of its case: D.J.L. and a psychiatric doctor. D.J.L. objected to being called as a witness by the State on 5th Amendment and statutory grounds. He also objected to the State’s use of his prior criminal convictions in support of its own ease. We find that there is no constitutional right against self-incrimination in an involuntary commitment proceeding and that Oklahoma law allows the State to call the person alleged to be requiring treatment in support of its case. We also find that there was no error in allowing the State to introduce prior criminal convictions in its case in chief for its stated purposes of proving substance abuse and impeachment.

¶ 2 On June 27, 1997, after trial, a jury was charged with determining whether D.J.L. was a person requiring treatment. 43A O.S. Supp.1992 §1-103(14).1 “The state has a legitimate interest under its parens patriae powers in providing care to its citizens who are unable because of emotional disorders to care for themselves; the state [985] also has authority under its police power to protect the community from the dangerous tendencies of some who are mentally ill.”2 Addington v. Texas, 441 U.S. 418, 426, 99.-S.Ct. 1804, 1809, 60 L.Ed.2d 323. D.J.L., 33 years old, was called by the State, over his objection, in its case in chief. In light of the state’s duties and powers, in conjunction with the law’s protection of the person alleged to be in need of treatment, we find that there is no violation of the 5th Amendment’s provision against compulsory self-incrimination.3 Pertinent to 5th Amendment, 43A O.S.Supp. 1992 § 5-401 (K) states, in part:

No statement, admission or confession made by the person alleged to be a person requiring treatment may be used for any purpose except for the proceedings under this section. No such statement, admission or confession may be used ■ against such person in any criminal action whether pending at the time the hearing is held or in any manner or form.

Answering a similar question, the Supreme Court of Colorado stated that because of the “limited use which can be made of respondent’s statements or testimony at a certification hearing, we hold that due process does not require that the Fifth Amendment privilege against self-incrimination be extended to Colorado’s civil commitment proceedings to bar the respondent from being called upon to testify or to justify her absence from court during the certification proceedings.” People v. Taylor, 618 P.2d 1127, 1140 (Colo.1980).

¶ 3 In In re D.B.W., 1980 OK 125, 616 P.2d 1149, the appellant specifically challenged the civil commitment procedure (43A O.S. Supp.1977 §§ 54.1 and 55.2) as unconstitutional because the individual in custody is not advised of his right to remain silent and his privilege against self incrimination. While not directly addressing this issue, the Oklahoma Supreme Court found that the Oklahoma Mental Health Law .“contain sufficient constitutional safeguards” after citing § 54.1(E) in a footnote. We find implicit in In re D.B.W. a rejection of D.J.L.’s argument.

¶4 D.J.L. argues alternatively that it was error for the State to call him as a witness in its case in chief on the ground that the statute purportedly allowing the State to call him should be read to disallow such prosecutorial procedure. In pertinent part, 43A O.S. Supp.1992 § 5-401(K) states:4

At the hearing on the petition, when it is conducted as a jury trial, the petitioner and any witness in behalf of the petitioner shall be subject to cross-examination by the attorney for the person alleged to be a person requiring treatment. The person alleged to be a person requiring treatment may also be called as a witness and cross-examined. (Emphasis added.)

D.J.L. asserts that the use of “may” should be applied to his discretion, not petitioner’s. “In construing a statute, we begin with the statutory language itself with the. ultimate goal of determining the legislative intent. However, it is unnecessary to apply rules of construction to discern Legislative intent if the will is clearly expressed.” State ex rel. Macy v. Freeman, 1991 OK 59, 814 P.2d 147, 153. The statute does not limit who may call the person in need of treatment, but express[986] ly states that said person may be called and cross-examined. Because the law also allows the court to ban the person in need of treatment from the trial,5 we presume the State must also be prepared to carry its burden of proof without the person in need of treatment’s testimony. The prosecution’s legal strategy, however, is within the bounds of law when it calls the person in need of treatment to display to the jury, through his testimony, the fact of the need of treatment.

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D.J.L. v. State, 1998 OK CIV APP 126, 964 P.2d 983 (Okla. Ct. App. 1998).

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