Dunner v. McLaughlin

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 entitled to an instruction that the petitioner has the burden of proof, (4) the statutory right to remain silent entitles the detainee to an instruction,…