Hurst v. L.G.

897 P.2d 1275, 78 Wash. App. 420
Court of Appeals of Washington·Decided July 5, 1995·No. No. 16440-0-II·Published

Opinion

Alexander, J.*

L.G. appeals an order of the Cowlitz County Superior Court denying his motion to dismiss the State’s petition to commit him for involuntary treatment of alcoholism. L.G. contends that RCW 70.96A.140, the statute under which the proceeding against L.G. was initiated, is of no force or effect because it purports to authorize nonattorneys to file such petitions and, thus, unconstitutionally usurps the judiciary’s authority to regulate the practice of law. We affirm the trial court’s denial of L.G.’s motion.

When the petition in this case was filed, L.G. already had an extensive history of treatment at St. John’s Medical Center in Longview for a variety of mental health problems and alcohol-related maladies. On April 17, 1992, L.G. left the psychiatric unit at St. John’s without permis[422] sion. Two hours later, L.G. was returned to the medical center’s emergency department for treatment of injuries he suffered when he "walk[ed] into a truck”. At that time he had a potentially lethal blood alcohol concentration of 0.50 percent.

Two days later, while L.G. was still receiving care at the medical center’s emergency department, a county-designated mental health professional (CDMHP) petitioned Cowlitz County Superior Court for an order to commit L.G., pursuant to the provisions of RCW 71.05, for a 72-hour involuntary mental health evaluation and treatment. The Superior Court granted the petition and ordered L.G. to be re-admitted to St. John’s psychiatric unit.

While under this order, L.G. expressed a desire to leave the hospital. As this was against medical advice and the prior court order, a CDMHP was asked to conduct an evaluation of L.G. The CDMHP concluded that L.G. suffered from "organic [bjrain syndrome, [secondary to long-term [alcohol] abuse & encephalitis . . . [that] has severely compromised his cognitive & volitional control”. Clerk’s Papers, at 47. The Superior Court subsequently ordered L.G. detained for a 14-day mental health evaluation and treatment at St. John’s Hospital.

During the 14-day mental health detention, Randy Hurst, a county-designated chemical dependency specialist (CDCDS) for Cowlitz County, prepared, signed, and filed a petition with the Cowlitz County Superior Court for an order committing L.G. for a 60-day treatment under RCW 70.96A, the statute governing involuntary commitment for alcoholism. The petition bore the caption: "IN RE: THE TREATMENT OF [L.G.,] Respondent, RANDY HURST, Cowlitz Designated Chemical Dependency Specialist, Petitioner”. Clerk’s Papers, at 63. Hurst was not an attorney.

A hearing on the petition was held before a Cowlitz County Superior Court judge on April 27, 1992 at St. John’s Medical Center. At the hearing, L.G., through his court-appointed counsel, moved to strike the pleadings and dismiss the petition. He asserted that despite a statu[423] tory provision specifically authorizing a CDCDS to sign alcohol commitment petitions, the petition did not comply with CR 11 because it was not signed by an attorney or a party appearing pro se.1

The trial court denied L.G.’s motion and entered an order committing L.G. to an alcoholism treatment facility for a term not to exceed 60 days. This appeal followed.

I

We must first address the issue of mootness. Clearly, this case is moot because L.G. is no longer being detained under the order at issue and thus this court cannot provide effective relief. In re Cross, 99 Wn.2d 373, 377, 662 P.2d 828 (1983). Although a court will not ordinarily consider a moot case, it may decide such a case to provide "an authoritative determination which will provide future guidance to public officers” when it involves a matter of "continuing and substantial public interest” that is likely to recur. Cross, 99 Wn.2d at 377 (quoting Sorenson v. Bellingham, 80 Wn.2d 547, 558, 496 P.2d 512 (1972)). Because the issue presented by this case is important and likely to recur, we will address it.

II

The only substantive issue before this court is whether RCW 70.96A.140, which establishes the process for petitioning for an order of commitment for alcoholism, is unconstitutional to the extent that it permits a nonattorney to sign such a petition.2 The relevant constitutional [424] provision is article IV, section 1 of the Washington State Constitution, which provides that "[t]he judicial power of the state shall be vested in a supreme court”. These powers include the formulation of rules governing admission to practice law. Seattle v. Ratliff, 100 Wn.2d 212, 667 P.2d 630 (1983).

L.G. contends that RCW 70.76A.140(1), insofar as it purports to allow nonattorneys to sign petitions for commitment, invades the exclusive purview of the judicial branch to regulate the practice of law. The statute in question reads, in relevant part, as follows:

When a designated chemical dependency specialist receives information alleging that a person is incapacitated as a result of [alcoholism] . . . the designated chemical dependency specialist, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the information, may file a petition for commitment of such person with the superior court ....

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Hurst v. L.G., 897 P.2d 1275, 78 Wash. App. 420 (Wash. Ct. App. 1995).

897 P.2d 1275 (Hurst v. L.G.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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