Analysis: Discussion of Audett case

In Audett the Washington Supreme Court referred to the Chevron Oil analysis as instructive to determine whether to apply new civil commitment procedures from In re the Detention of Williams, 147 Wn.2d 476, 55 P.3d 597 (2002) overruled on other grounds by 117 Wn. App. 611 (2003). But, the Audett opinion was not purporting to adopt a new rule, which is the first requirement of the Chevron Oil test. Digital Equip., 129 Wn.2d at 184. Under Robinson, "once this court has applied a rule retroactively to the parties in the case announcing a new rule, we will apply the new rule to all others not barred by procedural requirements." Robinson, 119 Wn.2d at 77.

The new rule had been announced and applied in Williams, therefore it applied to all subsequent litigants including, Audett. While the Audett court reached the result required by Robinson, the reference to Chevron Oil is at odds with Robinson and Digital Equip. The parties did not ask the court to overrule Robinson or Digital; they did not even cite Robinson, Digital or Chevron Oil to the court.

Further, the Audett opinion does not mention Beam, Robinson or Digital all of which disavow Chevron Oil. We conclude that the court was not asked to and did not intend to overrule Robinson sub silentio.