In re the Detention of W.C.C.
In re the Detention of W.C.C.
Opinion of the Court
¶1 W.C.C. alleges that his commitment for 14 day involuntary treatment was untimely and must be dismissed. At issue is whether holidays and weekends are excluded when calculating the maximum period allowed for continuances of hearings under former RCW 71.05.240 (2009). Continuances of commitment hearings are procedural matters. Therefore, we apply the method of computing time under CR 6(a) rather than conflicting statutory alternatives. W.C.C.’s hearing date fell within the statutory time limit. We affirm.
STATUTORY SCHEME
¶2 The involuntary treatment act (ITA), chapter 71.05 RCW, governs the temporary detention for evaluation and treatment of persons with mental disorders. If a designated mental health professional (DMHP) determines that, as a result of a mental disorder, a person presents a likelihood of serious harm or is gravely disabled, and that the person will not voluntarily seek treatment, the DMHP may file a petition for initial detention. Former RCW 71.05.150(1) (2011). The initial detention shall not exceed 72 hours. RCW 71.05.180. The computation of the 72 hour period excludes weekends and holidays. RCW 71.05.180.
¶3 If the DMHP or the evaluation and treatment facility petitions for additional 14 day involuntary treatment, the court shall hold a probable cause hearing within 72 hours of the initial detention. Former RCW 71.05.240(1). To justify the additional detention, the State must demonstrate by a
FACTS
¶4 W.C.C. is a 70 year old man who resided at the Downtown Emergency Service Center Rainier House. In December 2013, Rainier House staff informed a King County DMHP that W.C.C. was exhibiting concerning behavior. Another resident, David Abbott, reported that W.C.C. punched him in the neck. Abbott also said that W.C.C. accused him of having a sexual relationship with Karla Manus, a clinical support specialist at Rainier House. Manus reported that W.C.C. was “fixated” on her and had become increasingly jealous and aggressive since she began to show that she was pregnant. According to Manus, W.C.C. screamed at her, called her obscenities, and invaded her space in a way that felt menacing.
¶5 On Friday, December 20, the DMHP petitioned for W.C.C.’s initial detention. The trial court granted the petition, and W.C.C. was admitted to Harborview Medical Center for evaluation and treatment.
¶6 On Tuesday, December 24, Harborview petitioned for additional 14 day involuntary treatment. At the probable cause hearing that day, W.C.C.’s appointed counsel informed the court that she had a conflict of interest. Counsel asked that she and her firm be allowed to withdraw and have W.C.C.’s case assigned to another attorney. Counsel also requested that the case be reset for that Friday, December 27. The court granted the motion to withdraw and the continuance.
¶8 On December 30, replacement counsel appeared on behalf of W.C.C. Counsel immediately moved to dismiss, arguing that W.C.C. was not provided a hearing within the statutory timeline. The court denied the motion. It noted that it granted the continuances to provide W.C.C. prepared, conflict-free counsel and to accommodate nonjudicial days.
¶9 The court heard testimony from W.C.C., Abbott, Manus, and Dr. Brent O’Neal, a clinical psychologist who evaluated W.C.C. at Harborview. The court found by a preponderance of the evidence that W.C.C. presented a likelihood of serious harm to others. It granted the petition to detain W.C.C. for 14 days of involuntary treatment.
¶10 W.C.C. appeals.
DISCUSSION
¶11 W.C.C. argues that dismissal was required, because he was not provided a probable cause hearing within the statutory time frame. He further contends that there was insufficient evidence that he posed a likelihood of serious harm to others.
I. Continuance of Probable Cause Hearing
¶12 W.C.C. asserts that the trial court erred in granting continuances of his probable cause hearing beyond the statutory time limits of the ITA.
¶13 The ITA provides:
If a petition is filed for fourteen day involuntary treatment or ninety days of less restrictive alternative treatment, the court shall hold a probable cause hearing within seventy-two hours of the initial detention of such person as determined in RCW 71.05.180. If requested by the detained person or his or her attorney, the hearing may be postponed for a period not to exceed forty-eight hours. The hearing may also be continued subject to the conditions set forth in [former] RCW 71.05.210 [(2009)] or subject to the petitioner’s showing of good cause for a period not to exceed twenty-four hours.
Former RCW 71.05.240(1).
¶14 The State maintains that the statutory time frames are not absolute. This is so, the State contends, because “[Mental Proceedings Rule (MPR) 1.2] permits cases to be continued beyond the ‘strict’ time frames that [W.C.C.] asserts.” MPR 1.2 provides that “[i]n any judicial proceeding for involuntary commitment or detention held pursuant to RCW 71.05 the court may continue or postpone such proceeding for a reasonable time, subject to [former] RCW 71.05.210 and [former] RCW 71.05.240, on the following grounds . . . .”
¶15 The State asserts that this rule trumps former RCW 71.05.240. As support, it cites In re Detention of C.M., 148 Wn. App. 111, 197 P.3d 1233 (2009). The C.M. court considered a conflict between MPR 1.2 and former RCW 71.05.310 (2005), which established a 5 day limit for continuances of hearings on 90 day commitment petitions. Id. at 116-18. The court found that the conflict involved a procedural matter and thus concluded that MPR 1.2 governed exten
¶16 However, there is an important difference between C.M. and the present case. Unlike former RCW 71.05.310, the provision at issue here was explicitly named as a restraint on the court rule: “the court may continue or postpone such proceeding for a reasonable time, subject to [former] RCW 71.05.210 and [former] RCW 71.05.240.” MPR 1.2 (emphasis added). The court rule explicitly recognizes that its scope is limited by the statute. Therefore, the provisions do not conflict and MPR 1.2 does not negate the statutory time limits.
¶17 Accordingly, we must determine whether the continuances at issue here exceeded their respective time limits under former RCW 71.05.240(1). The first continuance was granted at defense counsel’s request, meaning it was limited to 48 hours. See former RCW 71.05.240(1). The 48 hour continuance included 2 days
¶18 Thus, the crucial question is how to count the 48 and 24 hour periods mandated by the statute—specifically, whether to exclude weekends and holidays. Under RCW 71.05.180, the initial 72 hour detention excludes Saturdays, Sundays, and holidays. Former RCW 71.05.240(1) does not state the same exclusion for continuances. W.C.C. asks us to interpret this omission as evidence that the legislature intended for weekends and holidays to be categorically
¶19 Instead, we turn to the general provisions regarding time computation: RCW 1.12.040 and CR 6(a). RCW 1.12.040 states, “The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday, Saturday, or Sunday, and then it is also excluded.” CR 6(a) provides, “When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.”
¶20 Under either provision, the second continuance was properly set.
¶21 Where a statute and a court rule conflict, the nature of the right at issue determines which provision controls. State v. W.W., 76 Wn. App. 754, 758, 887 P.2d 914 (1995). If the right is substantive, the statute prevails. Id. If the right is procedural, the court rule prevails. Id. This reflects the division of power between the legislative and judicial branches. Id. “Substantive law prescribes norms for societal conduct and punishments for violations thereof. It thus creates, defines, and regulates primary rights. In contrast, practice and procedure pertain to the essentially mechanical operations of the courts by which substantive law, rights, and remedies are effectuated.” State v. Smith, 84 Wn.2d 498, 501, 527 P.2d 674 (1974). Where a procedural right is involved, “CR 6(a) expressly supersedes RCW 1.12.040.” Stikes Woods Neigh. Ass’n v. City of Lacey, 124 Wn.2d 459, 466, 880 P.2d 25 (1994).
¶22 In C.M., the court found that continuances of 90 day commitment hearings under the ITA are procedural in nature. 148 Wn. App. at 116-17. The court reasoned that the ordering of a court’s calendar and the decision to continue a case are discretionary matters for the trial court and thus procedural. Id. at 117. The court further noted that “[t] rial on a particular day does not involve a substantive right.” Id.
¶23 Continuances of 14 day commitment hearings likewise involve a procedural right. It is the outcome of a probable cause hearing that implicates a detainee’s substantive right to liberty. By contrast, setting the timing of a hearing is an “essentially mechanical operation” of the court by which the substantive law is effectuated. Cf. Smith, 84 Wn.2d at 501 (holding that the right to post-conviction release pending appeal is procedural). We therefore hold that CR 6(a) controls when granting continuances under chapter 71.05 RCW. Accordingly, the trial court did not abuse its discretion in granting continuances of W.C.C.’s probable cause hearing.
II. Sufficiency of Evidence
¶25 To commit a person for involuntary treatment under the ITA, the State must show by a preponderance of the evidence that the person presents a likelihood of serious harm to others, or is gravely disabled, as a result of a mental disorder. Former RCW 71.05.240(3). A “likelihood of serious harm” to others means a “substantial risk that . . . physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm.” Former RCW 71.05.020(25)(a)(ii) (2011).
¶26 W.C.C. argues that there was insufficient evidence that he presented a likelihood of serious harm to
¶27 The unchallenged findings
¶28 On appeal, W.C.C. acknowledges that the evidence showed that he recently punched Abbott in the throat and that Abbott and Manus testified that they feared for their safety. However, W.C.C. notes that Abbott disliked W.C.C. and that W.C.C. told Dr. O’Neal that he punched Abbott only in self-defense. W.C.C. further observes that he had no prior history of violence and was 70 years old, was underweight, and had a pacemaker. Therefore, W.C.C. asserts, the evidence demonstrated that he did not pose a likelihood of
¶29 Continuances of probable cause hearings under the ITA involve a procedural right. Accordingly, CR 6(a) controls when granting such continuances. Applying the method of time computation in CR 6(a), W.C.C. was provided a probable cause hearing within the statutory time limit of former RCW 71.05.240(1). W.C.C. fails to show that there was insufficient evidence that he posed a likelihood of serious harm to others. We affirm.
W.C.C.’s 14 day commitment has expired. However, civil commitment orders under chapter 71.05 RCW have collateral consequence in subsequent petitions and hearings. In re Det. of M.K., 168 Wn. App. 621, 626, 279 P.3d 897 (2012). This principle allows us to consider a challenge to a civil commitment order after the
The statute explicitly provides for a period of hours, not days. In re Det. of Swanson, 115 Wn.2d 21, 27-28, 804 P.2d 1 (1990). However, the record is silent as to what time of day the hearings were held or the continuances were granted.
It is apparent that the difference between the two provisions was a legislative artifact. Originally, RCW 71.05.180 expressly included weekends and holidays when calculating the initial 72 hour period. Laws of 1973, 1st Ex. Sess., ch. 142, § 23. This indicated that RCW 71.05.180 was an exception to RCW 1.12.040, the general time computation statute, which provides for exclusion of nonjudicial days. See Laws of 1887, ch. 20, § 1. Former RCW 71.05.240 did not specify whether weekends and holidays should be included when calculating the length of continuances. See Laws of 1973, 1st Ex. Sess., ch. 142, § 29. We interpret this to mean that former RCW 71.05.240 was—and is—subject to the general time computation statute. See Amalg. Transit Union Legislative Council v. State, 145 Wn.2d 544, 552, 40 P.3d 656 (2002) (“The legislature is presumed to be aware of its own enactments.’’). RCW 71.05.180 was later amended to exclude weekends and holidays, signaling that the legislature reversed its position as to the 72 hour determinations. Laws of 1979, 1st Ex. Sess., ch. 215, § 11.
The State requested the continuance on a Friday, and the hearing was set on the following Monday. The last day of the 24 hour period was on a weekend, so, if applying RCW 1.12.040, it was proper to set the hearing on Monday. And, 24 hours is less than 7 days, so it was proper to exclude the weekend days under CR 6(a).
W.C.C. assigns error to the trial court’s finding that “[t]he Respondent, as a result of a mental disorder, presents a likelihood of serious harm ... to others.” This finding appeared in the trial court’s order of commitment, entered on December 30, 2013. The trial court entered supplemental findings of fact and conclusions of law on January 23, 2014. W.C.C. does not assign error to any of those findings. Unchallenged findings of fact become verities on appeal. State v. Gibson, 152 Wn. App. 945, 951, 219 P.3d 964 (2009).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.