330 P.3d 774
Wash.2014Background
- Morgan, diagnosed with schizophrenia, faced a 2008 SVP commitment trial after competency concerns arose.
- A guardian ad litem (GAL) was appointed to represent Morgan’s interests during proceedings.
- The trial court ordered involuntary medication to control Morgan’s delusions for trial purposes.
- Morgan was found to be an SVP by a unanimous jury and is confined in the Special Commitment Center.
- Morgan challenged the commitment on due process/competency and public-trial grounds; the Court affirmed the commitment.
- Pretrial in-chambers discussions regarding involuntary medication occurred with Morgan absent and were later supported by written reports.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must Morgan be competent to stand SVP trial? | Morgan | State | No explicit competency requirement for SVP trial; due process satisfied |
| Did the in-chambers conference violate the public trial right? | Morgan | State | No; proceedings open on record; no closure of core proceedings |
Key Cases Cited
- In re Det. of Stout, 159 Wn.2d 357 (2007) (procedural due process protections for SVP proceedings)
- In re Young, 122 Wn.2d 1 (1993) ( SVP framework and treatment considerations)
- McCuistion, 174 Wn.2d 369 (2012) (extensive protections in SVP statute; supports due process robustness)
- In re Thorell, 149 Wn.2d 724 (2003) (SVP structural protections and statutory framework)
- In re D.F.F., 172 Wn.2d 37 (2011) (open record access and public nature of SVP proceedings)
- Kansas v. Hendricks, 521 U.S. 346 (1997) (recognizes substantial procedural protections in SVP schemes)
- In re Det. of Cubbage, 671 N.W.2d 442 (Iowa 2003) (competency considerations and SVP procedures)
