In the MATTER OF the DETENTION OF M.W. and W.D., Respondents,
v.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, State of Washington, and Western State Hospital, Petitioners.
Supreme Court of Washington, EN BANC.https://leagle.com/images/logo.png
Argued November 10, 2015.
Filed June 09, 2016.
Attorney(s) appearing for the Case
Amber L. Leaders , Attorney General of Washington, 7141 Cleanwater Dr. SW, Olympia, WA, 98504-0124, Rebecca R. Glasgow , Attorney General's Office, Solicitor General Division Attorney General, Attorney at Law, 1125 Washington Street, P.O. Box 40100, Olympia, WA, 98504-0100, Counsel for Petitioners.
Kathleen A. Shea , Washington Appellate Project, 1511 3rd Avenue, Suite 701, Seattle, WA, 98101-3647, Counsel for Respondents.
Nancy Lynn Talner , Attorney at Law, Mark Muzzey Cooke , ACLU of Washington, 901 5th Avenue Suite 630, Seattle, WA, 98164-2008, David B. Zuckerman , Attorney at Law, 705 2nd Ave. Ste. 1300, Seattle, WA, 98104-1797, Amicus Curiae on behalf of ACLU.
Emily Rebecca Cooper , Disability Rights Washington, 315 5th Ave. S Ste. 850, Seattle, WA, 98104-2691, Amicus Curiae on behalf of Disability Rights Washington.
Ann E. Benson , Cindy Arends Elsberry , Washington Defender Association, 110 Prefontaine Pl, S Ste. 610, Seattle, WA, 98104-2626, Amicus Curiae on behalf of Washington Defender Association.
FAIRHURST, J.
¶ 1 We accepted discretionary review of this case after the superior court commissioner declared a 2013 amendment to the involuntary treatment act (ITA) unconstitutional. The statutory provision at issue, former RCW 71.05.320(3)(c)(ii) (2013),1 modifies the procedure for recommitting a narrow subset...
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