WPI 360.20 Concluding Instruction—Behavioral Health Disorder—Involuntary Treatment
6A WAPRAC WPI 360.20Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 360.20 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 360. Behavioral Health Disorders
WPI 360.20 Concluding Instruction—Behavioral Health Disorder—Involuntary Treatment
Upon retiring to the jury room for your deliberations, first select a presiding juror. The presiding juror shall see that your discussion is sensible and orderly, that you fully and fairly discuss the issues submitted to you, and that each of you has an opportunity to be heard and to participate in the deliberations on each question before the jury. Deliberations are to occur only in the jury room when all [twelve] jurors are present.
You are all officers of the court and must evaluate the evidence with an open mind free of bias or prejudice. If during your deliberations, you become concerned that the discussions are being influenced by preconceived bias or prejudice, you must bring this to the attention of the other jurors so that the issue may be fairly discussed among all members of the jury.
You will be given [the exhibits admitted in evidence and] these instructions.
[You will also be given a special verdict form that consists of several questions for you to answer. You must answer the questions in the order in which they are written, and according to the directions on the form. It is important that you read all the questions before you begin answering, and that you follow the directions exactly. Your answer to some questions will determine whether you are to answer all, some, or none of the remaining questions.]
[You will be provided with two special verdict forms, A and B. On verdict form A you must answer the questions in the order in which they are written, and according to the directions on the form. It is important that you read all the questions before answering, and that you follow the directions exactly. Your answer to some questions will determine whether you are to answer all, some, or none of the remaining questions. If the answer to question 1 on verdict form A is “no,” then do not answer any further questions. Use verdict form B only if your answer on verdict form A, question 1, is “yes” and the remaining answers are “no.” If any of questions 2 through 6 on verdict form A are answered “yes,” then do not use verdict form B.]
During your deliberations, you may discuss any notes that you have taken during the trial, if you wish. You have been allowed to take notes to assist you in remembering clearly, not to substitute for your memory or the memories or notes of other jurors. However, do not assume that your notes are more or less accurate than your memory.
You will need to rely on your notes and memory as to the testimony presented in this case. Testimony will rarely, if ever, be repeated for you during your deliberations.
If you need to ask the court a question that you have been unable to answer among yourselves after reviewing the evidence and instructions, write the question simply and clearly. The presiding juror should sign and date the question and give it to the [bailiff] [(insert other appropriate staff person)]. The court will confer with counsel to determine what answer, if any, can be given.
In your question to the court, do not indicate how your deliberations are proceeding. Do not state how the jurors have voted on any particular question or issue. Do not in any other way express your opinions about the case.
In order to answer any question on the verdict form, [ten] [five] jurors must agree upon the answer. It is not necessary that the jurors who agree on the answer be the same jurors who agreed on the answer to any other question, so long as [ten] [five] jurors agree to each answer.
When you have finished answering the questions according to the directions on the verdict form, the presiding juror must sign the form, whether or not the presiding juror agrees with the verdict. The presiding juror will then tell the [bailiff] [(insert other appropriate staff person)] that the jury has reached a verdict, and the [bailiff] [(insert other appropriate staff person)] will bring you back into court where your verdict will be announced.
NOTE ON USE
Use WPI 360.21 (Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment) and WPI 360.22 (Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment) with this instruction.
Use the third bracketed paragraph in one of two situations:
- (1) If the petitioner is not alleging that respondent is “in need of assisted outpatient treatment” and neither party wants the jury to consider this as an alternative, then only give verdict form A in WPI 360.21 (Special Verdict Form [A] (90 Days)—Behavioral Health Disorder—Involuntary Treatment) or WPI 360.22 (Special Verdict Form [A] (180 Days)—Behavioral Health Disorder—Involuntary Treatment) to the jury.
- (2) If the petitioner alleges only that respondent is “in need of assisted outpatient treatment” and no other grounds, then only give verdict form B in WPI 360.23 (Special Verdict Form [B]—Behavioral Health Disorder—Involuntary Treatment—In Need of Assisted Outpatient Treatment) to the jury.
Use the fourth bracketed paragraph if the petitioner alleges that the respondent is “in need of assisted outpatient treatment” and also alleges other grounds as the basis of detention, or either party wants the jury to consider this alternative. In this instance, verdict forms A and B would be given to the jury, and the jury would use them pursuant to this instruction.
The third and fourth paragraphs should not be used together.
Use bracketed material as applicable.
The Legislature amended RCW 71.05 et seq. to collectively refer to mental illness and substance abuse as behavioral health disorders. See Laws of 2020, Chapter 302, § 41.
In addition to the 2020 statutory amendments, this instruction was revised in 2018 to reflect the Court's holding in Peña-Rodriguez v. Colorado,U.S. , 137 S. Ct 855, 869, 197 L.Ed.2d 107 (2017). The instruction's second paragraph reminds jurors they are responsible for ensuring their decisions are made based solely on the evidence and not upon preconceived biases or prejudices. Peña-Rodriguez, 137 S.Ct at 869 (the general rule against impeaching a jury verdict must fall when a juror has indicated he or she relied on racial animus or stereotypes in reaching the verdict). In Turner v. Stime, 153 Wn.App. 581, 222 P.3d 1243 (2009), the court concluded that statements of clear racial bias made by a juror concerning plaintiff's counsel do not “inhere in the verdict” and that it was proper for the trial court to grant a new trial upon proof that such statements were made.
For a discussion of other issues involving both conscious and unconscious bias, see the Comment to WPI 1.01 (Advance Oral Instruction—Beginning of Proceedings).
In In re Detention of McLaughlin, 100 Wn.2d 832, 676 P.2d 444 (1984), the court upheld an instruction allowing a verdict upon agreement by ten jurors. The court rejected the respondent's argument that involuntary commitment requires a unanimous verdict.
Special verdict forms are used in behavioral health disorder commitment cases. MPR 3.4(c). RCW 4.44.380 provides that a verdict reached by ten of the jurors becomes the verdict of the entire jury. In previous editions, this instruction included alternative language depending on whether the “same ten jurors” standard (under which the same ten jurors must agree on every question on the verdict form) or the “any ten jurors” standard (under which it is sufficient for any group of ten jurors to agree on each question) is used. These alternatives were necessary in previous editions because of a long-standing ambiguity in Washington's case law as to which of these standards applies. The Supreme Court settled this issue in 2001 when it amended CR 49(k) to adopt the “any ten jurors” standard. The instruction now reflects the “any ten jurors” standard.
[Current as of January 2021.]
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