Judges issue contempt orders, fines in competency cases

Judges across the state of Washington have continued to issue contempt orders and fines against an agency and two psychiatric hospitals for failing to provide timely competency services, despite a federal judge’s ruling saying the state is violating the constitutional rights of some of its most vulnerable citizens.

The orders and sanctions — totaling about $700,000 since 2014, according to an Associated Press review of records — keep piling up, even after U.S. District Judge Marsha Pechman issued a permanent injunction on April 2 requiring the state to provide mentally ill people with competency evaluations and treatment within seven days of a judge’s order.

Some judges say the failure to provide services isn’t because the hospitals can’t do it but because they won’t, according to documents obtained through a state Public Records Act request.

“Eastern State Hospital’s violation of this court’s order is willful and intentional,” Spokane Municipal Court Judge Tracy Staab said in a June 2 contempt order in the case of James Ramson, who had spent 50 days waiting in jail for a competency evaluation. The violation wasn’t done with malfeasance but “appears to be an example of boiling the frog,” she said, referring to the parable about what can go wrong when you don’t respond to change.

Absent consequences for violating court orders to provide the services, a pattern of violations developed and the average time for conducting evaluations increased, Staab said.

“Unfortunately, imposing monetary sanctions is the only remedial sanction available to this court,” she said. “This ongoing problem will not get fixed until the issue reaches a critical stage.”

Carla Reyes, acting secretary for the Washington Department of Social and Health Services behavioral health division, said there’s no evidence that the hospitals can but won’t provide the services. She said they’ve been implementing a list of changes comply with the injunction and lower the wait times, including hiring more forensic evaluators and securing more pay for those workers. They’re also working on a plan to acquire 60 new beds between the two hospitals and hope to get another 30 beds at an outside facility.

Lawyers representing people who had waited weeks or months in jail for competency services filed a federal lawsuit in 2014, claiming their constitutional rights were being violated. Pechman agreed, saying jails were not suitable places for the mentally ill to be “warehoused.”

She set a January deadline and appointed a monitor to track the state’s efforts to comply with the injunction. But in her first quarterly report, the monitor said attempts to shorten the wait times for services are failing to keep up with a growing demand and urgent measures are needed to deal with the backlog.

The judges ordering the services continue to demand state action through fines and contempt orders. They’ve issued 65 contempt orders since October 2014.

By last fall, the fines had reached almost $200,000, but the latest tally shows about $500,000 worth of fines since that last total was calculated. The sanctions run from $200 to $500 per day until the person receives services. The largest was $31,500 for forcing a Pierce County man to wait in jail 63 days before getting restoration treatment.

Pierce County judges have issued the most orders, while judges in King and Skagit counties have also found the agency in contempt.

“The state, by failure to supply services, is putting a grave burden on the local community to warehouse those individuals in need of services in the county jail,” said Skagit County Superior Court Judge John Meyer in a December contempt and sanction order. After Western State Hospital received the transport order “no efforts whatsoever were taken” to comply, he said. The state had the ability to comply “but chose not to do so because of its procedure,” he said.

Staab said the hospitals can restructure their procedures by re-allocating beds to defendants needing competency services. Eastern State Hospital has 160 beds for civil commitments but only 25 for competency defendants, she said, adding the hospital has not suggested that shifting the beds “would have catastrophic results.”

King County Superior Court Judge Patrick Oishi made a similar complaint in October.

The state’s lawyers and hospital representatives testified they couldn’t comply with orders to transport mentally ill people for treatment because of things like “admissions protocols.” But based on testimony in this and numerous other cases, Oishi said that claim is “not well-founded.”

“Rather, it is clear that WSH has taken the position that it will not comply with such orders,” Oishi said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Employees and patrons of the Everett Mall signed a timeline mural that traces the history of the 51-year-old indoor mall that was once considered the premier place to go shopping in the city. Thursday, March 20, 2025 (Aaron Kennedy / The Herald)
Mall mural offers nostalgic trip into the past

Past and present Everett Mall employees joined customers Thursday to view an artistic timeline of the once popular shopping mecca.

Edmonds Mayor Mike Rosen gives his State of the City address on Thursday, March 20 in Edmonds, Washington. (Will Geschke / The Herald)
Edmonds mayor talks budget at 2025 State of the City

Mayor Mike Rosen discussed the city’s deficit and highlights from his first year in office.

Daron Johnson, who runs Snohomish County Scanner, stands next to his scanner setup on Tuesday, April 1 in Everett, Washington. (Will Geschke / The Herald)
Snohomish County law enforcement to encrypt police airwaves

The plan for civilian police scanners to go dark pushed a host to shut down his popular breaking news feed.

Richie Gabriel, 1, jumps off the bottom of the slide as Matthew Gabriel looks down at him from the play structure at Hummingbird Hill Park on Monday, March 31, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds residents show up for Hummingbird Hill Park, Frances Anderson Center

After a two-and-a-half hour public comment session, the council tabled its votes for the two comprehensive plan amendments.

Students Haddie Shorb, 9, left, and brother Elden Shorb, 11, right, lead the ground breaking at Jackson Elementary School on Tuesday, April 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett district breaks ground on Jackson Elementary replacement

The $54 million project will completely replace the aging elementary school. Students are set to move in by the 2026-27 school year.

Logo for news use featuring Snohomish County, Washington. 220118
Another positive measles case identified in Snohomish County

The case was identified in an infant who likely contracted measles while traveling, the county health department said.

A Tesla drives along 41st Street on Wednesday, March 26, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Washington faces uncertain future of Clean Air Act regulations

The Trump administration’s attempt to roll back numerous vehicle pollution standards has left states wondering what’s next.

A person walks through the lot at Kia of Everett shopping for a car on Tuesday, April 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘The tariffs made me do it’: Customers move fast on cars

At one Everett dealership, customers move fast on cars ahead of Wednesday’s expected announcement on tariffs.

Public’s help needed to find missing Arlington man

The 21-year-old left the house Sunday night without his shoes, cell phone or a jacket, and was reported missing the following morning.

Will Geschke / The Herald
The Marysville Tulalip Campus on the Tulalip Reservation, where Legacy High School is located.
Marysville board votes to keep Legacy High at current location

The move rolls back a decision the school board made in January to move the alternative high school at the start of next school year.

The former Marysville City Hall building along State Avenue on Tuesday, April 30, 2024 in Marysville, Washington. (Olivia Vanni / The Herald)
City of Marysville, school board amend property exchange

The city will relocate its public works facility to the district’s current headquarters, which will move to the former City Hall.

Snohomish County Elections employees Alice Salcido, left and Joseph Rzeckowski, right, pull full bins of ballots from the Snohomish County Campus ballot drop box on Monday, Nov. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County to mail ballots for Edmonds, Brier elections

Registered voters should receive their ballots by April 9 for the April 22 special election.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.