Summary
The Washington Supreme Court held that a trial court had authority to hold an individual committed as a sexually violent predator in civil contempt for refusing to comply with an order requiring a mental examination and deposition. The court concluded that chapter 7.21 RCW supplied an independent source of contempt authority that controlled over the conflicting limitation in CR 37(b)(2)(D), and upheld staying the proceedings as a remedial sanction.
Holdings
- Chapter 7.21 RCW provides an independent source of contempt authority in special postcommitment SVP proceedings, and the trial court therefore had authority to hold Young in contempt for intentionally disobeying the order requiring a mental examination and deposition.
- The trial court acted within its discretion by staying the proceedings until Young complied with the evaluation and deposition order.
Questions Presented
- Whether a trial court has authority to hold a committed sexually violent predator in contempt for refusing to submit to a court-ordered mental examination and deposition during a postcommitment evidentiary hearing.
- Whether CR 37(b)(2)(D)'s exception for contempt based on failure to submit to a mental examination bars contempt in special sexually violent predator proceedings.
- Whether staying the proceedings until Young complied was an authorized and permissible remedial sanction.
Disposition
affirmed
Cases Cited (9)
- In re Detention of Young, 120 Wn. App. 753, 86 P.3d 810 (2004)(followed)
- In re Detention of Williams, 147 Wn.2d 476, 55 P.3d 597 (2002)(followed)
- Mead School District No. 354 v. Mead Education Ass'n, 85 Wn.2d 278, 534 P.2d 561 (1975)(followed)
- In re Detention of Broer, 93 Wn. App. 852, 957 P.2d 281 (1998)(followed)
- In re Detention of Aguilar, 77 Wn. App. 596, 892 P.2d 1091 (1995)(followed)
- Rivers v. Washington State Conference of Mason Contractors, 145 Wn.2d 674, 41 P.3d 1175 (2002)(followed)
- In re Detention of Young, 122 Wn.2d 1, 857 P.2d 989 (1993)(prior history)
- International Union, United Mine Workers of America v. Bagwell, 512 U.S. 821, 114 S. Ct. 2552, 129 L. Ed. 2d 642 (1994)(followed)
- Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 31 S. Ct. 492, 55 L. Ed. 797 (1911)(followed)
Cited In (0)
No citing cases on record yet.
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