Nexus between Mental Illness and Dangerousness in Civil Commitment

Abstract

the role of a prosecutor merely because counsel was not present” (In re J.R. , p 4) or merely because the answers to the judge’s questions favored J.R.’s being civilly committed. Further, the argument that a court automatically becomes partial simply by asking questions “elevates form over substance and would have potentially farreaching, negative consequences” for various types of cases beyond civil commitment hearings (e.g., for various pro se cases, contempt proceedings, domestic violence actions, and sensitive juvenile hearings) (In re J.R. , p 4).