¶1concurs.
¶2dissenting:
¶3I respectfully dissent.
¶4In this case, the trial court abused its discretion and overstepped its bounds by conversing with Stephen Maher ex parte. The error was exacerbated because no court reporter was present. Prior to speaking with Stephen ex parte in chambers, the court was frustrated with the choices of disposition and opined it was not yet convinced as to which way it should rule.
¶5Mental health cases are often frustrating. A trial judge with a sincere desire to solve or ameliorate a human problem may be sorely tempted to become a counselor or mediator. However, ex parte communication such as that which occurred here is improper no matter the benevolent motivation of the trial court. It is especially damaging when it occurs with the major complaining witness and a liberty interest is at stake. While my view of the trial judge’s effort to resolve this case is charitable, what must the respondent have thought when he saw the chief witness against him being ushered to a private audience with the court? An ex parte conversation with the chief witness in a mental health case is akin to a trial judge having a private conversation with a victim in a criminal case. Such ex parte conversations should only occur on television or in films.
¶6After the ex parte communication, the trial court compounded the error by recalling Stephen as a witness and not only questioning him concerning whether respondent had a place to live and a place to work in Milwaukee, but also questioning him about the actual existence of the 9 millimeter gun to which he had previously referred. The additional cross-examination of Stephen revealed new assertions respondent threatened to use the gun against authorities or to commit robberies. The State’s case against respondent was significantly bolstered, and the trial judge apparently gleaned enough additional evidence to persuade him the respondent should be committed.
¶7Supreme Court Rule 63(A)(4) clearly does not apply. Stephen Ma-her is not a party, and respondent did not consent to the conference.
¶8The trial court’s finding that respondent suffered from mental illness was not erroneous. However, the trial court’s finding respondent was an immediate threat to harm either himself or others was not proved to the trial court’s satisfaction prior to the additional testimony elicited by the court following the ex parte conversation. The trial court’s ex parte conversation with Stephen and the ensuing testimony in open court prejudiced respondent. I would reverse the trial court’s order involuntarily committing respondent.