Facts: Petitioner Andre Young initiated a proceeding pursuant to Washington Revised Code §71.09.090 to show that he no longer met the definition of a sexually violent predator and should be released from commitment. After it was determined that Young had presented sufficient evidence to entitle him to an evidentiary hearing in the Superior Court for King County, the respondent state of Washington requested that Young submit to a psychological examination, which Young refused. The superior court subsequently found Young in contempt of court and ordered him to remain committed until he complied with the state’s request. Young appealed the contempt order to the Washington Court of Appeals, asserting that it violated Washington Court Rules §37(b)(2)(D), which permits courts to treat as a contempt of court the failure to comply with any court order except an order to submit to a physical or mental examination. The Washington Court of Appeals affirmed the superior court’s order. Young appealed this decision to the Supreme Court of Washington.
Question(s): May a court hold an accused sexually violent predator in contempt of court for refusing to submit to a psychological examination?
Conclusion: Justice Charles W. Johnson’s opinion for the Court affirmed the Washington Court of Appeals, concluding that the exception created by §37(b)(2)(D) for refusals to submit to physical or mental examinations conflicts with the civil and criminal contempt provisions of Washington Revised Code §7.21 and that §7.21 controls. Thus, as the superior court had in the Court’s view acted within the authority granted by §7.21 in holding Young in contempt of court and imposing a remedial sanction designed to coerce compliance, the Court remanded the case to the superior court.
Docket No. 79747-1 (from Court of Appeals Division I Case No. 56171-5)
Petitioner: Andre Young
(Counsel: Nancy P. Collins)
Respondent: State of Washington
(Counsel: Jennifer Roen Petersen and David J.W. Hackett)
Briefs:
Argument: Tuesday, January 15, 2008 2:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, June 12th, 2008
Prevailing Party: State of Washington (Respondent)
Vote: 6-3
Citation: Pending
Court: Alexander4 Court (2008-2009)
Alexander
Johnson
(Majority)
Madsen
Sanders
(Dissent)
Chambers
Owens
Fairhurst
Johnson
Stephens
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.