Facts: Prior to petitioner Sheldon Martin’s scheduled release from prison after serving consecutive sentences for a burglary committed in Clark County, Washington and kidnapping and attempted sexual abuse committed in Oregon, the Thurston County prosecutor requested that the attorney general petition the Superior Court for Thurston County to have Martin committed as a sexually violent predator pursuant to Washington Revised Code §71.09. After the attorney general initiated a commitment proceeding, the superior court rejected Martin’s motion to have the proceeding dismissed on grounds that only a prosecutor in a county in which the accused was convicted of an offense may commence or request that the attorney general commence a commitment proceeding under §71.09. Martin appealed the superior court’s order, asserting that the Thurston County prosecutor lacked jurisdiction under §71.09 to request that the attorney general commence a commitment proceeding insofar as his Washington conviction had occurred in Clark County. The Washington Court of Appeals affirmed the superior court, holding that language in §71.09 referring to the county in which the accused was convicted relates to venue rather than jurisdiction. Martin appealed this decision to the Supreme Court of Washington.

Question(s): Does §71.09 grant jurisdiction to commence or request that the attorney general commence a sexually violent predator commitment proceeding only to prosecutors in counties in which accused sexually violent predators have been convicted of an offense?

Conclusion: Justice Sanders’ opinion for the Court reversed the Washington Court of Appeals, concluding that language in §71.09 referring to the county in which the accused was convicted relates to jurisdiction and establishes mandatory and exclusive procedures for commencing a sexually violent predator commitment proceeding. Thus, as Martin had not been convicted of any offense in Thurston County, the Court ordered the proceeding against him dismissed.

Docket No. 78963-1 (from Court of Appeals Division II Case No. 32972-7)

Petitioner: Sheldon Martin

(Counsel: Joseph Orry-Leroy Baker)

Respondent: State of Washington

(Counsel: Melanie Tratnik and Malcolm Ross)

Briefs:

Argument: Tuesday, September 25, 2007 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, May 1st, 2008

Prevailing Party: Sheldon Martin (Petitioner)

Vote: 5-4

Citation: Pending

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen

Sanders
(Majority)

Bridge

Chambers
(Dissent)

Owens

Fairhurst

Johnson