In Re Rebecca K.

2 P.3d 501, 101 Wash. App. 309
Court of Appeals of Washington·Decided June 20, 2000·No. 18016-6-III, 18032-8-III, 18265-7-III·Published·Cited by 21 cases

Opinion

2 P.3d 501 (2000)
101 Wash.App. 309

In the Interest of REBECCA K., A Minor.
In the Interest of Victor M., A Minor.
In the Interest of Derik E., A Minor.

Nos. 18016-6-III, 18032-8-III, 18265-7-III.

Court of Appeals of Washington, Division 3, Panel Four.

June 20, 2000.

*502 David L. Trick, Yakima, for Appellant.

Billy Kelley, April Morales, Nancy Engemann, Yakima, for Respondent.

Stephen H. Hassett, Sheila M. Huber, Assistant Attorneys General, Olympia, for Amicus Curiae.

KATO, J.

The court found the three minors here to be at-risk youths and entered a disposition order as to each. The minors violated their respective orders and were held in contempt. The court imposed a term of confinement on each minor as a sanction for the contempt. Claiming the court lacked the authority to impose confinement and violated their due process rights by doing so, the minors appeal.

FACTS

Rebecca K.: On September 2, 1998, the court found Rebecca K. to be an at-risk youth as defined in RCW 13.32A.030(2)(a) and (b). On September 23, the court entered a disposition order requiring her to do certain things. The court also found she had violated an earlier order and sentenced her to four days in detention with three days suspended.

Rebecca admitted violating the order. The court held her in contempt and imposed 11 days of detention with 3 days suspended.[1]

Victor M.: On August 5, 1998, the court found that Victor M. was an at-risk youth and entered an order requiring him to do several things. On August 12, a social worker claimed he had violated the terms of the order. The court found Victor had violated the order, held him in contempt, and imposed four days in detention with three days suspended. The court also entered a disposition order requiring him to comply with certain conditions.

On October 28, the court held a review hearing at which Victor's mother alleged he had failed to comply with the disposition order. The court treated her allegations as a motion for contempt. Victor admitted some, but denied the majority, of her allegations. The court found him in contempt and imposed a total of 10 days of detention, 7 days plus the prior 3 suspended days. Of the 10-day sentence, 8 days were suspended.[2]

Derik E.: On October 14, 1998, the court found Derik E. to be an at-risk youth. On *503 November 18, the court entered a disposition order requiring him to do certain things.

On January 8, 1999, Derik's mother filed a motion and order to show cause that he had violated the November 18 disposition order. He was brought to the show cause hearing from detention where he was serving time for violating a truancy order. The court found he had violated the disposition order and imposed three days in detention. This sentence was consecutive to the sentence imposed for his violation of the truancy order.[3]

DISCUSSION

The minors contend the court did not have authority to impose the sanction it did and violated their due process rights. Each at-risk youth petition has been dismissed and each minor has served his or her term of confinement. Therefore, the court can no longer provide effective relief and the issue is moot. See Washam v. Pierce County Democratic Cent. Comm., 69 Wash.App. 453, 458, 849 P.2d 1229 (1993), review denied, 123 Wash.2d 1006, 868 P.2d 872 (1994).

As a general rule, appellate courts will not decide moot questions or abstract propositions. Id. at 457, 849 P.2d 1229. But "a moot case may be decided if it involves a matter of continuing and substantial public interest." In re A.D.F., 88 Wash.App. 21, 24, 943 P.2d 689 (1997). "In determining whether an issue involves a sufficient public interest, we consider the public or private nature of the question, the need for future guidance provided by an authoritative determination, and the likelihood of recurrence." Id.

The question presented meets these criteria for nonetheless deciding a moot case. The public nature of the issue and the likelihood of recurrence are demonstrated by these cases, which involve the same question and indicate the need for future guidance. We thus choose to decide the issue presented in these moot cases.

The minors ask this court to review the contempt provision of the at-risk youth statute. To address the specific nature of their inquiry, it is helpful to review the general definitions of contempt. A person who intentionally disobeys a lawful court order is in contempt of court. RCW 7.21.010(1)(b). The current contempt statutes define contemptuous conduct without distinguishing between civil and criminal contempt; rather, a distinction is drawn between remedial and punitive sanctions. State v. Hobble, 126 Wash.2d 283, 292, 892 P.2d 85 (1995).

RCW 7.21.010(3) defines a remedial sanction as "a sanction imposed for the purpose of coercing performance when the contempt consists of the omission or refusal to perform an act that is yet in the person's power to perform." A punitive sanction is "a sanction imposed to punish a past contempt of court for the purpose of upholding the authority of the court." RCW 7.21.010(2). A remedial sanction is imposed for civil contempt, while a punitive sanction is imposed for criminal contempt. State v. Buckley, 83 Wash.App. 707, 711, 924 P.2d 40 (1996).

"In order to determine [if] a contempt sanction is civil or criminal, courts look to the substance of the proceeding and the nature of the relief the proceeding will afford." State ex rel. Shafer v. Bloomer, 94 Wash.App. 246, 251, 973 P.2d 1062 (1999).

If the purpose of the contempt sanction is punitive and results in a determinate jail sentence, with no opportunity for the contemnor to purge himself of the contempt, it is criminal. If the purpose of the sanction is to coerce compliance with a lawful court order, and a contemnor is jailed only so long as he fails to comply with such order, then the contempt is civil.

In re Personal Restraint of King, 110 Wash.2d 793, 799, 756 P.2d 1303 (1988). "An order of remedial civil contempt must contain a purge clause under which a contemnor has the ability to avoid a finding of contempt and/or incarceration for non-compliance." Shafer, 94 Wash.App. at 253, 973 P.2d 1062.

The minors contest the contempt orders imposed under the at-risk youth statute.

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In Re Rebecca K., 2 P.3d 501, 101 Wash. App. 309 (Wash. Ct. App. 2000).

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