Interest of M.S.

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M.S. was subject to an existing one-year order for less restrictive treatment relating to his mental illness. On June 8, 2017, before the order expired, the Southeast Human Service Center filed a petition for continuing treatment under N.D.C.C. 25-03.1-23, alleging M.S. required further psychiatric care and was unwilling to adhere to treatment on his own. On June 15, 2017, M.S. filed a demand for change of judge under N.D.C.C. 29-15-21. Judge Daniel Narum, as presiding judge, denied his request, finding that Judge Bradley Cruff was assigned to M.S.'s case in 2013 and had made rulings in the matter. After a hearing, the district court found M.S. required continuing treatment and ordered that M.S.'s less restrictive treatment be extended for one year, to June 2018. M.S. did not challenge any of the findings of fact or conclusions of law related to the order for less restrictive treatment. The sole issue on appeal was whether Judge Narum erred in denying his demand for a change of judge. The North Dakota Supreme Court affirmed, concluding the court did not err in denying M.S.'s demand for a change of judge. View "Interest of M.S." on Justia Law