Burd v. Clarke

¶1 Everette Burd sought a writ of mandamus ordering Harold Clarke, the Secretary of the Department of Corrections (DOC), to complete Burd’s dangerous mentally ill offender assessment (assessment). The trial court denied Burd’s motion for summary judgment, granted DOC’s cross motion for summary judgment, and dismissed Burd’s petition. Burd appeals, arguing that RCW 72.09.370 creates a mandatory duty for DOC to perform the assessment and develop a release plan. He also argues that a former DOC internal policy entitles him to an assessment. DOC counters that this appeal is moot because DOC no…