Washington

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
No Authorization, But Relevant Materials While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

A statute provides counsel for indigent parents at all stages of the proceedings, including at the initial shelter care hearing.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

The WA Supreme Court found a right to counsel for indigent parents in abuse/neglect cases, although it has not reaffirmed it since Lassiter.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

WA State guarantees counsel for many children in child welfare cases

05/10/2021

As the result of 2021 legislation, many Washington State children are now guaranteed independent counsel in child welfare cases.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon

The NCCRC provided supportive testimony and has worked with advocates in WA State for some time on this issue.

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Discretionary appointment of counsel

A court can appoint counsel for children in child welfare cases, and must appoint in some situations.

Appointment of Counsel: discretionary Qualified: no

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Right to counsel

A statute provides that children subjected to extended foster care have a right to counsel in dependency proceedings related to that care.

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Key_development Question_mark

WA Senate bill adds right to counsel for post-termination dependent children

Washington SB6126 created a right to counsel for dependent children within 6 months after a petition to terminate parental rights is granted.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Litigation

WA court says child should have been appointed counsel

09/11/2017

A Washington Court of Appeals held that a trial court should have appointed counsel for a child in a dependency proceeding.

Appointment of Counsel: discretionary Qualified: no

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WA Court of Appeals finds right to counsel for foster child

06/10/2014

The WA Court of Appeals held that a trial court abused its discretion in not appointing counsel for a minor child in a dependency proceeding.

Appointment of Counsel: discretionary Qualified: no

 

Nccrc_involvement_icon NCCRC helped with the briefing on the constitutional issues.

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Bar Effort

WA State Bar: kids should have right to counsel in dependency proceedings

10/17/2015

The Washington State Bar Association passed a resolution urging the state to guarantee lawyers for children in dependency (abuse/neglect) cases.

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Report

WA report finds improved outcomes, cost savings w/kid counsel

11/15/2021

A new research report finds that children with counsel in child welfare cases have improved permanency outcomes and the State saves money.

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Report: whether Washington kids get counsel depends on where they live

08/26/2016

A report examines the situation in Washington State as to when children are appointed counsel in child welfare cases.

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All Basic Human Needs

Court Rule or Initiative

Key_development Question_mark

Washington State creates, expands rule for appointment of counsel for litigants with disabilities

08/02/2017

A court rule permits appointment of counsel for a person with disabilities as a reasonable accommodation. The rule applies to admin cases too.

Appointment of Counsel: discretionary Qualified: yes

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Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

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Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

The WA Supreme Court has held there is a federal and state constitutional right to counsel in civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment

Legislation

Key_development Question_mark

Right to counsel

A statute requires the appointment of counsel for indigent persons in civil commitment proceedings before and at the probable cause hearing.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

The WA Supreme Court held that mental commitment proceedings require appointment of counsel, but its statement was dicta.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Custody Disputes - Parents

Legislation

Key_development Question_mark

Right to counsel

An appellate court found that a right to counsel could exist in certain kinds of custody proceedings pursuant to a statute.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court can appoint counsel for a minor in certain custody proceedings.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Right to assistance

By statute, in certain situations, the state must prosecute DV protection order violations on behalf of indigent victims.

Appointment of Counsel: categorical Qualified: yes

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Discretionary appointment of counsel

When an alleged victim is seeking a protective order, the court can appoint counsel for the victim if the respondent is represented.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in a guardianship proceeding.

Appointment of Counsel: discretionary Qualified: yes

Read more about this

Guardianship/Conservatorship of Children - Parent (incomplete)

Legislation

Key_development Question_mark

Right to counsel

Indigent parents who have appeared are entitled to counsel if one of three factors are met.

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key_development Question_mark

Right to counsel

Court must appoint counsel for indigent respondents in guardianship cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Housing - Evictions

Legislation

Key_development Question_mark

All about Washington State's groundbreaking eviction right to counsel

03/11/2024

In April 2021, Washington State became the first state with a statewide right to counsel for tenants facing eviction.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon

The NCCRC provided support and input on the bill.

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Seattle becomes eighth city with eviction right to counsel

03/29/2021

A bill enacted by the Seattle City Council provides a right to counsel for all low-income tenants facing eviction.

Appointment of Counsel: categorical Qualified: yes

 

Nccrc_involvement_icon

The NCCRC testified before the City Council on the bill.

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Report

Report details dramatic effect of having counsel in Seattle evictions

09/01/2018

A new report by the Seattle Women's Commission has some powerful stats on how much a lawyer makes a difference in eviction cases.

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

A Washington court has held there is a right to counsel in proceedings regarding enforcement of legal financial obligations (LFOs).

Appointment of Counsel: categorical Qualified: no

Read more about this

Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A statute permits the state to pay fees for attorneys who represent children in actions under the Parentage Act.

Appointment of Counsel: discretionary Qualified: no

Read more about this

Litigation

Discretionary appointment of counsel

The Washington Court of Appeals held that a court may appoint counsel in a paternity case.

Appointment of Counsel: discretionary Qualified: yes

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Quarantine/Isolation

Legislation

Key_development Question_mark

Right to Counsel

There is a right to counsel for a person or group of persons who are isolated or quarantined.

Appointment of Counsel: categorical Qualified: no

Read more about this

Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

A statute requires appointment of counsel for an indigent respondent at all stages of commitment as a sexually violent predator.

Appointment of Counsel: categorical Qualified: no

Read more about this

Sterilization

Legislation

Key_development Question_mark

Right to counsel

Those facing sterilization have a right to counsel

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

WA State guarantees counsel for children in termination cases

05/10/2021

As the result of 2021 legislation, Washington State children are now guaranteed independent counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon

The NCCRC filed supportive testimony and has worked with advocates on this issue for many years.

Read more about this

Court Rule or Initiative

Right to counsel

The court must appoint counsel for indigent children in TPR cases if they do not have a GAL.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Parents have a right to counsel in adoption proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

A statute provides a right to counsel for all indigent parents in termination of parental rights hearings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

The WA Supreme Court found a right to counsel for indigent parents in state termination cases, although it has not reaffirmed it since Lassiter.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Truancy - Petition Against Child

Litigation

Key_development Question_mark

Right to counsel

In Washington State, the right to counsel in truancy proceedings attaches only if the child faces detention.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Other Subject Areas

Legislation

King County WA creates right to counsel for certain crime victim families

02/01/2018

A King County WA ordinance enacted in 2018 provides a right to counsel for families of police violence victims at inquest proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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