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MATTER OF HARRIS

No. 47805-8.

98 Wn.2d 276 (1982)

654 P.2d 109

In the Matter of MARY ANN LEE HARRIS, Petitioner.

The Supreme Court of Washington, En Banc.

December 2, 1982.

Attorney(s) appearing for the Case

Richard B. Sanders and Douglas A. Crowder, for petitioner.

Norm Maleng, Prosecuting Attorney, and Gerald A. Smith, Deputy, for respondent.

Barry Flegenheimer and John H. Hertog, Jr., on behalf of Seattle-King County Public Defender Association, Neil R. Sarles on behalf of the American Civil Liberties Union, and Richard A. Haworth on behalf of the Citizen's Commission on Human Rights, amici curiae for petitioner.

UTTER, J.

Petitioner claims the summons procedure for involuntary civil commitment under RCW 71.05.150 violates the due process clause of the federal constitution. We find those procedures constitutionally inadequate and impose the requirement of a judicial finding of "probable dangerousness" before detention in nonemergency situations.

On Friday, May 22, 1981, at 11:30 p.m., a summons issued pursuant to RCW 71.05.150 was served upon petitioner Harris directing...

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