GR 9 COVER SHEET

Suggested Amendment to the

SUPERIOR COURT MENTAL PROCEEDINGS RULES (MPR) MPR 1.1 – 6.5A

Submitted by the Superior Court Judges’ Association

A.           Name of Proponent:      Superior Court Judges’ Association

B.           Spokesperson:               Judge Jennifer Forbes, President

Superior Court Judges’ Association

C.           Purpose:

In 2020 the Legislature passed 2E2SSB 5720, the Involuntary Treatment Act (ITA). This bill resulted in significant amendments to RCW 71.05 concerning the treatment of adults with behavioral health disorders and RCW 71.34 concerning juveniles with behavioral health disorders. In response to these and other statutory provision changes that address behavioral health matters, the Superior Court Judges’ Association’s Civil Rules Committee (Committee) undertook a review of the Superior Court Mental Proceeding Rules to determine whether the MPRs needed to be rescinded, retained or retained with amendments to accord with the amended laws. The Committee solicited participation in the review process by several judicial officers with expertise in civil commitment proceedings. The Committee’s review was completed on November 29, 2022.

The Committee determined that the enactment of the ITA largely vitiated the need for the Mental Proceedings Rules by codifying circumstances in which involuntary commitment is permitted and specifying procedures for such commitments (see, e.g., Chapters 71.05 and 71.34 RCW). Accordingly, the Superior Court Judges’ Association, upon recommendation from the Committee, proposes that the MPRs be rescinded in their entirety with the following exceptions:

1)    The rule set title should be retained, but changed from “Superior Court Mental Proceedings Rules” to “Superior Court Civil Commitment Rules” [“CCRs”] to be consistent with the Involuntary Treatment Act and other applicable authorities.

2)    The individual rule numbers and titles should be retained to provide a framework for local jurisdictions that may want to develop local civil commitment proceedings rules, but with “MPR” changed to “CCR” for

each such rule, and with “Reserved” inserted in each rule in place of the current text.

3)    MPRs 3.3 [Jury Demand], 3.4 [90/180-Day Hearings], and 4.5 [Hearings for Conditional Release and Revocation or Modification] should be retained but amended.

Specific recommended amendments to the MPRs are attached.

D.           Hearing: A hearing is not requested.

Expedited Consideration: Expedited consideration is not requested