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Montana justices consider challenge to forced Zoom appearance in TW commitment case
Summary
At oral argument in DA22-0645, appellant TW contends the district court erred by forcing her to appear by two-way electronic communication with video and audio on after she sought to waive presence; counsel argued the order violated Montana’s involuntary-commitment waiver provisions and the respondent’s dignity.
At oral argument before the Montana Supreme Court in cause number DA22-0645, appellant and respondent TW asked the court to reverse her involuntary commitment, arguing the district court unlawfully forced her to remain visible and audible on Zoom despite her express, repeated request to waive appearance.
Miss Peterson, counsel for TW, told the court: “The state cannot compel a respondent who knowingly wishes to waive their appearance at trial to be jury need for commitment for being unable to care for her basic needs.” She argued the district court required TW’s video and audio to remain on so the jury could “inspect TW for mental defects,” and that forcing the connection violated statutory waiver provisions and the statute’s directive to administer the civil‑commitment scheme “with full respect for the person’s dignity and personal integrity.”
The petitioners' argument centered on statutory interpretation of multiple provision citations raised at argument (transcript citations rendered in the record as…
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