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DUNNER v. McLAUGHLIN

No. 49562-9.

100 Wn.2d 832 (1984)

676 P.2d 444

DAVID DUNNER, ET AL, Respondents, v. ERNEST MCLAUGHLIN, Appellant. ROBERT N. WATERS, ET AL, Respondents, v. MICHAEL C. GILMAN, Appellant.

The Supreme Court of Washington, En Banc.

January 26, 1984.

Attorney(s) appearing for the Case

Amy L. Crewdson and John H. Hertog, Jr., of Seattle-King County Public Defender Association (Thomas J. Coy, of counsel), for appellants.

Norm Maleng, Prosecuting Attorney, and Gerald A. Smith and Terence D. Harrington, Deputies, for respondents.

ROSELLINI, J.

These consolidated actions involve the determination of what procedural due process guaranties apply to a 90-day involuntary commitment proceeding instituted pursuant to RCW 71.05.

We hold that (1) the standard of proof required to meet due process is by clear, cogent and convincing evidence, as formulated in WPIC 200.06, (2) a 10-member vote where the jury is 12 in number is sufficient for 90-day involuntary treatment, (3) the detainees are...

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