Justices and counsel debate Dunbar's role after statute and rule changes

Oct 8, 2026

At argument counsel disputed whether the Dunbar comparison requirement still applies after legislative and court-rule amendments; defense urged that the Dunbar comparison remains necessary to evaluate best-interest determinations under current factors.

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Counsel on both sides disputed how People v. Dunbar should be applied given amendments to the statute and court rules that originally underpinned Dunbar. The defense argued Dunbar's requirement — comparing dispositional options and programming — goes to the best-interest determination as a whole and should remain influential despite textual changes.

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