Jeffers v jeffers ohio divorce

Equitable Distribution

Holter, Minn. When the case began, both parties before us had a clear interest in the case. But the parties may have subsequently lost that interest.

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In this context, the jurisdictional question presented is fundamentally one of mootness. Laidlaw Envtl.

We have dismissed appeals for lack of jurisdiction where the issues in the case were moot. Auto Specialties, Inc. We do so because courts are designed to decide actual controversies. State v. Brooks, N. We will also dismiss cases as moot if we are unable to grant effective relief. In re Minnegasco, N. We have not previously considered whether we should dismiss an appeal that arises in the unusual context presented here. Rasmussen by Mitchell v. Fleming, P. Our precedent similarly permits us to exercise our discretion to consider a case that might be technically moot as an exception to our mootness doctrine.

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We have said that we have authority to decide cases that are technically moot when those cases are functionally justiciable and present important questions of statewide significance. Rud, N. Our mootness doctrine therefore is flexible and discretionary; it is not a mechanical rule that we invoke automatically. Kahn v. Griffin, N. For example, in State v. Rud, the question presented was whether a defendant, accused of criminal sexual conduct, could compel the alleged child victims and other potential child witnesses to testify at the defendant's omnibus hearing.

The district court concluded that the defendant did not have the right to subpoena these witnesses, but the court of appeals reversed. After we granted the State's petition for review, the State dismissed the charges against the defendant. Even though there was no longer a live controversy between the parties, we declined to dismiss the appeal and instead resolved the question presented in the case.

Based on that concern and the importance of the issues presented, we exercised our discretion to decide those issues in Rud. We reached the same conclusion in Jasper v. Commissioner of Public Safety, N.

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In that case, a driver whose license was revoked challenged the revocation, contending that the commissioner's rule approving use of the equipment at issue was not valid. The district court rejected the challenge and the court of appeals affirmed.

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After we granted the driver's petition for review, the commissioner promulgated a new rule approving the use of the equipment at issue. The promulgation of the new rule led us to consider whether we should dismiss the appeal as moot. Matthews, N. We reached the opposite conclusion in Limmer v.

Swanson, N. Even though the two requirements of functional justicability and an important public issue of statewide significance existed, we declined to exercise our jurisdiction and dismissed the case as moot. The question presented in Limmer was whether the judiciary could authorize certain expenditures by the executive branch in the absence of legislative appropriations. While the case was pending, the Legislature passed and the Governor signed into law appropriations bills for all executive branch agencies covering the time period in question in the case.

We agreed that we had the authority to decide the case. Star Research Dev. With these cases in mind, we turn to the jurisdictional question presented here.

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Our analysis in the cases discussed above where we interpreted our mootness doctrine leads us to conclude that we should exercise our discretion to decide the issue raised in this case. The question of whether a guardian needs prior court approval to consent to the removal of life-sustaining treatment is functionally justiciable. The question was ably briefed and argued by the parties and the record contains the factual information necessary for a decision.

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In addition, there was thoughtful and informative amicus support for the position that each party advocated. We likely would not have any more information at our disposal if we were to wait for another case to present the same issue. See Rud, N. In addition, this case presents an important public issue of statewide significance. Courts play a vital role in supervising guardians as they exercise the power of the State to watch over Minnesota's most vulnerable citizens.

Not only does this case involve this special area of law, but it also involves issues of life and natural death and the ability of incapacitated Minnesotans to exercise self-determination when it comes to declining further medical treatment.

Regina Jeffers's Blog, page 85

The impact of uncertainty on such an important question also counsels in favor of exercising our discretion to resolve this issue in this case. Vogel has. A decision from our court will help clarify for the guardians and their wards the scope of the guardians' authority to make one of life's most fundamental decisions. We acknowledge the possibility that the issue presented here could arise in a future case. After all, the essence of the question presented in this case has been before our court previously. See In re Conservatorship of Torres, N.

In that case, the district court authorized a conservator to remove life-sustaining treatment, but the court stayed the operation of its order pending appeal. We did not issue our opinion until 7 months after the district court stayed the operation of its order. The record in this case convinces us that the procedure used in Torres is not the path that best serves the welfare of the person under the State's protection and supervision.

Raymond v. Lawrence, 86 Minn. Indeed, the procedure used in Torres, which required the ward to be kept alive, would be unjust and unnecessarily cruel had it been forced upon Tschumy. The sound exercise of judicial discretion does not permit us to ignore the potential harm that the most vulnerable would face were we to dismiss this case in the name of preserving for appellate review the purity of an active controversy in a future case. Because this case is functionally justiciable and the issue presented is one of public importance and statewide significance that we should decide now, our precedent provides us with the authority to decide this case even though it is technically moot.

See, e. The reasons we discuss above that favor the exercise of this discretion are compelling. And, unlike in Limmer, there are no countervailing constitutional and prudential considerations warranting a decision not to exercise jurisdiction in this case. See N.

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We therefore hold that we have jurisdiction and turn to the merits of the case. We are asked to decide whether a guardian appointed under Minn. This is a question of statutory interpretation that we review de novo. In re Welfare of J.

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  • The duties and powers of a guardian or those which the court may grant to a guardian include, but are not limited to:. The guardian shall not consent to any medical care for the ward which violates the known conscientious, religious, or moral belief of the ward[. Section Vogel argues that it does. For his part, Tschumy, through his attorney, contends that the statute does not give guardians the power to authorize the removal of life support systems. He offers several arguments in support of that contention.

    Tschumy argues that because decisions regarding life support are so significant, the district court must specifically authorize them. Tschumy next argues that because life-sustaining treatment was not necessary when the district court appointed his guardian, the guardian therefore does not have the power to withdraw such treatment. And Tschumy contends that because the decision to remove a ward from life support systems includes more than simply a medical decision, the medical-consent power in the statute does not cover decisions to discontinue life support.

    Finally, Tschumy argues that his right to due process compels the conclusion that his guardian did not have the authority to remove him from life support. We consider each of Tschumy's arguments in turn.