In Re Detention of DFF

183 P.3d 302
CourtCourt of Appeals of Washington
DecidedApril 28, 2008
Docket59462-1-I
StatusPublished
Cited by16 cases

This text of 183 P.3d 302 (In Re Detention of DFF) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Detention of DFF, 183 P.3d 302 (Wash. Ct. App. 2008).

Opinion

183 P.3d 302 (2008)

In the Matter of the DETENTION OF D.F.F.

No. 59462-1-I.

Court of Appeals of Washington, Division 1.

April 28, 2008.

Nancy P. Collins, Washington Appellate Project, Attorney at Law, Seattle, WA, for Appellant.

Karen Frakes, Attorney at Law, Whatcom Co. Pros. Ofc, Bellingham, WA, for Respondent.

*303 DWYER, J.

¶ 1 The Washington State Supreme Court has, without exception, applied article I, section 10 of the Washington State Constitution so as to preclude trial courts from automatically closing their proceedings to the public.[1] Uniformly, the court's opinions require that the trial court conduct an individualized inquiry into whether a sufficient countervailing interest exists to override the public's constitutional right to the open administration of justice before closing any part of any judicial proceeding.

¶ 2 In its role as rule-maker, however, the Supreme Court enacted Superior Court Mental Proceedings Rule (MPR) 1.3, which provides that "[p]roceedings had pursuant to RCW 71.05 shall not be open to the public, unless the person who is the subject of the proceedings or his attorney files with the court a written request that the proceedings be public." In this case, the Whatcom County Superior Court ordered D.F.F. involuntarily committed for 90 days of psychiatric treatment following a jury trial. Adhering to the dictate of MPR 1.3, the trial court ordered that the entirety of the proceeding be closed to the public. Because MPR 1.3 does not permit—much less require—individualized inquiries into the need to close mental illness commitment proceedings, we conclude that the rule violates the mandate of article I, section 10 and, accordingly, reverse the order committing D.F.F.

Standard of Review

¶ 3 "Whether a trial court procedure violates the right to a public trial is a question of law we review de novo." State v. Duckett, 141 Wash.App. 797, 802, 173 P.3d 948 (2007) (citing State v. Brightman, 155 Wash.2d 506, 514, 122 P.3d 150 (2005)). This standard applies to civil as well as criminal appeals. See Dreiling v. Jain, 151 Wash.2d 900, 907-08, 93 P.3d 861 (2004).

Threshold Issues

¶ 4 Before addressing the merits of D.F.F.'s contentions, we note that D.F.F.'s right to challenge MPR 1.3's constitutionality is not contingent on her having challenged the closure in the trial court. Our Supreme Court has clearly instructed that "a defendant does not waive his right to appeal an improper closure by failing to lodge a contemporaneous objection." State v. Easterling, 157 Wash.2d 167, 176 n. 8, 137 P.3d 825 (2006) (citing Brightman, 155 Wash.2d at 514-15, 122 P.3d 150).

¶ 5 Similarly, we also observe that, contrary to the State's assertions, this case is not moot. "[M]ost civil commitment appeals will be saved from mootness by the significant and adverse collateral consequences to which commitment gives rise." In re Cross, 99 Wash.2d 373, 377, 662 P.2d 828 (1983). Here, in addition to committing D.F.F. for treatment, the trial court's order independently impairs D.F.F.'s constitutionally protected right to own a firearm.[2] It also provides the State with the necessary legal predicate to further deprive her of her liberty. The trial court's order thus creates sufficient adverse consequences, other than the 90-day detention that D.F.F. has already completed, such that mootness is not a bar to her appeal.

Mental Proceedings Rule 1.3

¶ 6 D.F.F. contends that MPR 1.3 violates article I, section 10's guarantee that "[j]ustice in all cases shall be administered openly." She contends that this is so because, with two exceptions unrelated to general public access, the rule requires that all courtroom proceedings related to commitment for mental illness be automatically and entirely closed:

Proceedings had pursuant to RCW 71.05 shall not be open to the public, unless the person who is the subject of the proceedings or his attorney files with the court a written request that the proceedings be public. The court in its discretion may *304 permit a limited number of persons to observe the proceedings as a part of a training program of a facility devoted to the healing arts or of an accredited educational institution within the state.

MPR 1.3.

¶ 7 According to D.F.F., the Supreme Court's opinions uniformly require an individualized analysis resulting in specific findings in order for court closures to satisfy article I, section 10. While we acknowledge that mental illness commitment proceedings present significant threats to constitutional and statutory privacy interests, we conclude that D.F.F. reads the Supreme Court's opinions correctly.[3] Accordingly, we hold that MPR 1.3 is unconstitutional as written.

¶ 8 Our Supreme Court has repeatedly held that article I, section 10 guarantees that the public's interest in access to court proceedings will not be impaired absent a compelling countervailing interest. The court has further held that article I, section 10 guarantees that any restriction on public access must be drawn as narrowly as possible while still effectively protecting that countervailing interest:

"Justice in all cases shall be administered openly. . . ." Const. art. I, § 10. The open operation of our courts is of utmost public importance. Justice must be conducted openly to foster the public's understanding and trust in our judicial system and to give judges the check of public scrutiny. Secrecy fosters mistrust. This openness is a vital part of our constitution and our history. The right of the public, including the press, to access trials and court records may be limited only to protect significant interests, and any limitation must be carefully considered and specifically justified.

Dreiling, 151 Wash.2d at 903-904, 93 P.3d 861. Application of these principles has repeatedly led the court to conclude that automatic limitations on the openness of court proceedings violate article I, section 10 because they are not based on a case-specific inquiry.

¶ 9 In Allied Daily Newspapers of Washington v. Eikenberry, 121 Wash.2d 205, 848 P.2d 1258 (1993), an association of newspapers challenged a statute[4] that provided that the courts could not disclose to the public or the press the identities of child victims of sexual assault, either by disseminating court records or by allowing the public access to court proceedings. Allied Daily, 121 Wash.2d at 207-09, 848 P.2d 1258. The statute did not provide for exceptions to closure. See Allied Daily, 121 Wash.2d at 208-09, 848 P.2d 1258.

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Bluebook (online)
183 P.3d 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-detention-of-dff-washctapp-2008.