In Re the Mental Health of E. M.

I dissent. I recognize the difficulty these cases present and the dilemma often faced by law enforcement officers, prosecutors, and district judges, but the statute does provide that to prove imminent threat of injury requires some sort of overt act, recent enough in time to be relevant to the respondent’s condition. Section 53-21-126(2), MCA. I agree with Justice Morrison’s dissent in Matter of J.P., 217 Mont. 504, 511, 705 P.2d 598, 603 (Morrison, J., dissenting), where he said that “courts should be vigilant in protecting the rights of those sought to be committed. The discharge of…