In re RAW
| Decision Date | 12 January 2001 |
| Docket Number | No. 24862-0-II, No. 24951-1-II. |
| Citation | 104 Wash.App. 215,15 P.3d 705 |
| Parties | In re the Detention of R.A.W. Jay Kim, M.D. and Janet Schaeffer, Ph.D., Respondents, and R.A.W., Appellant. In re the Detention of D.J.T. Stephen Opoku, M.D. and Joanne Ito, Ph.D., Respondents, v. D.J.T., Appellant. |
| Court | Washington Court of Appeals |
Pattie Mhoon, Tacoma, for Appellants.
Pamela A. Whipple, Asst Atty General, for Respondent.
In July 1999, R.A.W. was involuntarily committed for up to 180 days of inpatient treatment at Western State Hospital (WSH). Similarly, in June 1999, D.J.T. was involuntarily committed for up to 90 days at WSH. Both R.A.W. and D.J.T. contend that the trial court erred by instructing the jury (1) to give "great weight to any prior history of decompensation," and that (2) before a less restrictive alternative treatment can be ordered, the outpatient facility designated must agree to assume responsibility for the patient's treatment. R.A.W. and D.J.T. argue that the latter instruction creates a mandatory presumption, relieves the State of its burden of proof, and is an impermissible comment on the evidence. In addition, R.A.W. maintains that the trial court abused its discretion by granting several continuances without good cause; D.J.T. argues that an instruction defining "gravely disabled" was confusing, misleading, and a comment on the evidence.
Both detention orders have expired and so the issues are moot. But the parties urge us to consider the issues because they are of continuing and substantial public interest. The continuance issue turns upon facts unique to R.A.W.'s case, not likely to reoccur and, therefore, not of substantial public interest. We therefore decline to review R.A.W.'s challenge to the granting of continuances. Similarly, the issue of whether the "great weight" instruction was a comment on the evidence is moot because we have previously decided the issue. In re the Detention of R.W., 98 Wash.App. 140, 988 P.2d 1034 (1999) ().
But the remaining instruction issues are ongoing and of substantial public interest; accordingly, we review these issues. The trial court erred by instructing that before a less restrictive alternative could be ordered, the outpatient facility must agree to accept the patient. That instruction is inaccurate under In re the Detention of J.S., 124 Wash.2d 689, 880 P.2d 976 (1994), and was confusing because whether the court can order such an alternative is not a jury question. We reverse and vacate both R.A.W. and D.J.T.'s commitment orders.
Shortly before R.A.W.'s prior 180-day involuntary commitment period expired, Dr. Janet Schaeffer and Dr. Jay Kim petitioned for an additional 180 days of involuntary treatment. RCW 71.05.320(2).1 The State's petition alleged that R.A.W. presented a danger of serious harm to himself or others as a result of his mental disorder and that there were no less restrictive alternatives in his best interest.2 R.A.W. demanded a jury trial.
R.A.W. had a history of 12 admissions to WSH and several legal infractions. R.A.W. had been "sentenced to [the] DOC in 1996 for choking a nurse, [and] committed under [RCW] 71.05 once [the] DOC sentence ended."
The jury found that R.A.W. suffered from a mental disorder and was gravely disabled. The jury also found that "[d]etention for evaluation and treatment at Western State Hospital for a period not to exceed 180 days" was in the best interests of R.A.W. or others.
D.J.T. had a history of three prior admissions to WSH. In April 1999, Dr. Joanne Ito and Dr. Stephen Opoku petitioned to commit D.J.T. for 90 days of involuntary treatment. D.J.T. had just been committed to WSH under chapter 10.77 RCW.3 The petition alleged that as a result of a mental disorder, D.J.T. presented a danger of serious harm to himself or others, was gravely disabled, had committed acts constituting a felony, and presented a substantial likelihood of repeating similar acts. The petition also alleged that no less restrictive alternative treatment was in D.J.T.'s best interest.
According to Dr. Ito, a clinical psychologist with WSH, D.J.T. suffered from schizophrenia and was gravely disabled. Based upon his criminal history, Dr. Ito opined that D.J.T. would harm others and that commitment at WSH was in his best interest. Dr. Opoku, D.J.T.'s psychiatrist, testified that D.J.T. had paranoid schizophrenia and that when not in treatment, he "responded to his delusions and hallucinations at various times in a manner that was either unlawful or rather dangerous ... where he could either be hurt by others or he himself could hurt other people." Dr. Opoku further testified that D.J.T. had no insight into his condition or the need for medication.
D.J.T. had a history of being combative with staff who he thought were plotting to kill him. When served with an eviction notice, D.J.T. threatened to fight the serving detective and the accompanying officers. After being subdued with pepper spray, D.J.T. stated that there was a cyanide canister and other explosives on the property that would "blow this place sky high."
The jury found that D.J.T. was suffering from a mental disorder, was gravely disabled, and was not a threat of serious harm to others. The jury also found that "[d]etention for evaluation and treatment at Western State Hospital for a period not to exceed 90 days" was in the best interests of D.J.T. or others. The judge ordered D.J.T. detained at WSH for no more than 90 days, beginning June 1, 1999.
Although moot, the parties ask us to review the issues because they are of continuing and substantial public interest. We may review a moot case if it contains "matters of continuing and substantial public interest." Dunner v. McLaughlin, 100 Wash.2d 832, 838, 676 P.2d 444 (1984). In determining whether sufficient public interest exists, we consider three factors: "(1) the public or private nature of the question presented; (2) the desirability of an authoritative determination which will provide future guidance to public officers; and (3) the likelihood that the question will recur ." McLaughlin, 100 Wash.2d at 838, 676 P.2d 444. Our Supreme Court has recognized that "the need to clarify the statutory scheme governing civil commitment is a matter of continuing and substantial public interest," McLaughlin, 100 Wash.2d at 838, 676 P.2d 444, and has reviewed several moot cases under this exception. In re the Detention of R.S., 124 Wash.2d 766, 881 P.2d 972 (1994); In re the Detention of G.V., 124 Wash.2d 288, 877 P.2d 680 (1994); In re the Detention of Swanson, 115 Wash.2d 21, 804 P.2d 1 (1990); McLaughlin, 100 Wash.2d 832, 676 P.2d 444.
The "great weight" instruction issue is moot because we have already decided that the instruction is an improper comment on the evidence. In re R.W., 98 Wash.App. at 145, 988 P.2d 1034. Accordingly, the trial court erred by giving the instruction.
In addition, the question of whether the trial court had good cause to continue R.A.W.'s hearing turns upon facts unique to R.A.W.'s case, which are unlikely to reoccur. Because the commitment order has expired, we decline to consider the issue. We do review the following issues, although moot, because they are of continuing and substantial public interest. See McLaughlin, 100 Wash.2d at 838,
In both R.A.W. and D.J.T., the court instructed the jury that:
R.A.W. and D.J.T. argue that the second paragraph of this instruction is not an accurate statement of the law because it required the juries to presume that no less restrictive treatment program was available and because there was no testimony that any outpatient facility had agreed to accept either patient. In addition, R.A.W. and D.J.T. contend that the instruction impermissibly commented on the evidence. The State maintains that the instruction is a correct statement of the law and that the juries should know the "practical procedures applicable to placing the individual in an outpatient facility." Moreover, according to the State, the instruction did not preclude the juries from finding that less restrictive placements were in the best interests of the patients.
138 Wash.2d 898, 982 P.2d 1156 (1999) (citing In re LaBelle, 107 Wash.2d 196, 205, 728 P.2d 138 (1986)). The court instructed each jury that if they found that R.A.W. and D.J.T. should be involuntarily treated, they must then decide whether less restrictive treatment would be in the best interests of R.A.W., D.J.T., and others. Further, the court instructed each jury that before R.A.W. or D.J.T. could be detained at WSH, "it must be proved by clear, cogent and convincing evidence that no less restrictive treatment is in the best interest[s] of [R.A.W., D.J.T.] and others."
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