Filed 11/15/11 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
In the Matter of Darl John Hehn
A.W. Stokes, Richland County
State’s Attorney, Petitioner and Appellee
v.
Darl John Hehn, Respondent and Appellant
No. 20110053
Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
REVERSED AND REMANDED.
Opinion of the Court by VandeWalle, Chief Justice.
A.W. Stokes, State’s Attorney, 203 N. 7th Street, Wahpeton, ND 58074, petitioner and appellee. Submitted on brief.
Don R. Krassin (argued), 120 S. 1st Street, Wahpeton, ND 58075, for respondent and appellant.
Matter of Hehn
No. 20110053
VandeWalle, Chief Justice.
[¶1] Darl John Hehn appealed from a district court order denying his petition for release from civil commitment as a sexually dangerous individual. We reverse and remand because the district court did not make sufficient findings to permit adequate appellate review.
I.
[¶2] In 2006, Hehn was civilly committed as a sexually dangerous individual under N.D.C.C. ch. 25-03.3, and this Court affirmed the commitment order.
Matter of Hehn
,
II.
[¶3] We review the civil commitment of a sexually dangerous individual under a modified clearly erroneous standard.
Interest of G.L.D.
,
[¶4] At a discharge hearing, the State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual. N.D.C.C. § 25-03.3-18(4). To satisfy this burden, the State must show the individual has:
[1] engaged in sexually predatory conduct and . . . [2] has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction that [3] makes that individual likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others.
N.D.C.C. § 25-03.3-01(8). “The phrase ‘likely to engage in further acts of sexually predatory conduct’ means the individual’s propensity towards sexual violence is of such a degree as to pose a threat to others.”
Matter of E.W.F.
,
III.
[¶5] Hehn argues clear and convincing evidence does not support the district court’s finding that he is likely to engage in future sexually predatory acts, and the district court did not make sufficient factual findings to support continuing his commitment.
[¶6] We have described what constitutes sufficient findings for civil commitment decisions:
Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a), and a finding of fact that merely states a party has failed in [or has sustained] its burden of proof is inadequate under the rule. The court must specifically state the facts upon which its ultimate conclusion is based on. The purpose of the rule is to provide the appellate court with an understanding of the factual issues and the basis of the district court’s decision. Because this Court defers to a district court’s choice between two permissible views of the evidence and the district court decides issues of credibility, detailed findings are particularly important when there is conflicting or disputed evidence. This Court cannot review a district court’s decision when the court does not provide any indication of the evidentiary and theoretical basis for its decision because we are left to speculate what evidence was considered and whether the law was properly applied. The court errs as a matter of law when it does not make the required findings.
Matter of R.A.S.
,
[¶7] In its order, the district court found Hehn was likely to engage in future sexually predatory conduct based on his “acts” and his “past history,” but did not specify which “acts” or parts of Hehn’s “past history” it based this conclusion on. The court also stated it based its finding that Hehn remains a sexually dangerous individual “upon the testimony of Dr. Sullivan . . . [whose] opinions deserve more weight than Dr. Riedel’s, and the exhibits received[.]” The district court did not discuss the details of Dr. Sullivan’s testimony or the specific exhibits and their content that served as the basis for its finding. The district court also failed to make any findings as to whether Hehn has serious difficulty controlling his behavior, which is necessary to satisfy substantive due process requirements.
E.W.F.
,
[¶8] “We must understand the basis for the district court’s decision in order to review that decision and determine whether the findings are clearly erroneous.”
Midgett
,
IV.
[¶9] We reverse the district court order and remand for further proceedings.
[¶10] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Sandstrom, Justice, dissenting.
[¶11] Because the majority reverses on the basis of an issue not raised by the parties, I respectfully dissent.
[¶12] Hehn raised only one issue on appeal:
Was there clear and convincing evidence Mr. Hehn is a sexually dangerous individual and likely to engage in further acts of sexually predatory conduct?
[¶13] There is more than sufficient evidence to justify the district court’s finding that Hehn is a sexually dangerous individual and likely to engage in further acts of sexually predatory conduct.
[¶14] The majority reverses on an issue not raised.
See
Interest of L.D.M.
,
[¶15] Dale V. Sandstrom