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Division 1 Court of Appeals

State of Washington et al. v. DSHS

 

After DSHS failed to timely admit several defendants for competency restoration treatment, each defendant moved for an order directing DSHS to show cause for why the court should not hold DSHS in contempt. After a show cause hearing, the court found DSHS in contempt and entered coercive sanctions against DSHS at the defendants’ requests and compensatory sanctions against DSHS at Pierce County Jail’s request. DSHS appeals, arguing that RCW 10.77.068(9) bars the trial court from holding it in contempt for failing to provide timely competency restoration services. DSHS also argues the court abused its discretion by finding it in contempt because no evidence showed it intentionally disobeyed a court order. It also argues the court erred by allowing Pierce County Jail to intervene. Finally, DSHS argues the court erred by imposing retroactive remedial sanctions. The defendants cross appeal, arguing the court erred when it determined that Pierce County’s recovery of both coercive and compensatory sanctions amounts to double recovery. COA # 876970. Pierce County Superior Court # 22-1-00810-7.