Interest of T.T.

F.T. (the Father) appealed a district court judgment that granted the State's petition to involuntarily terminate F.T.'s parental rights. In September 2009, the State filed a petition to terminate F.T.'s parental rights, alleging that T.T., a child, was deprived, neglected and abandoned. A hearing was held in December. F.T. moved to sequester the State's witnesses. The district court granted the motion, stating that the State's witnesses should remain in the hallway until called to testify and that Irene Dybwad, the representative from Grand Forks County Social Services, could stay in the courtroom. During a recess F.T.'s attorney observed Dybwad speaking with the State's witnesses. F.T. raised the issue to the court. The court gave F.T. the opportunity to question the witnesses that were seen talking in the hallway. The witnesses testified that no specific testimony was discussed, that they were told the State had a hard time qualifying a witness as an expert and that they were told to stick to their reports. F.T. moved for a mistrial. The district court granted the motion, explaining: "I guess I should have explained that sequestering means do not go--leave the courtroom and talk to any of the witnesses." Before the second hearing, F.T. moved to prevent the State's three witnesses involved in the mistrial from testifying at the second hearing, arguing that allowing the witnesses to testify would be unfair because the witnesses knew the questions F.T.'s attorney would ask. The district court denied F.T.'s motion, stating that the mistrial was granted based on Dybwad's misconduct and that F.T. would be able to cross-examine the three witnesses about the sequestration violation. Trial proceeded, and the district court eventually entered its judgment terminating F.T.'s parental rights. On appeal to the Supreme Court, F.T. argued that the district court abused its discretion by allowing the State's three witnesses involved in the sequestration violation to testify. Upon careful consideration of the record, the Supreme Court found that the district court's findings were supported by the record and were not clearly erroneous. The Court affirmed the termination of F.T.'s parental rights.