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
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A statute provides counsel for indigent parents at all stages of the proceedings, including at the initial shelter care hearing.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Abuse/Neglect/Dependency - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
|
The NCCRC provided supportive testimony and has worked with advocates in WA State for some time on this issue.
|
Read more about this
Discretionary appointment of counsel
A court can appoint counsel for children in child welfare cases, and must appoint in some situations.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
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.
Read more about this
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
|
|
NCCRC helped with the briefing on the constitutional issues.
|
Read more about this
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.
Read more about this
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.
Read more about this
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.
Read more about this
All Basic Human Needs
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
yes
Read more about this
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
No such proceeding
There is no requirement that a minor obtain parental input prior to having an abortion.
Read more about this
Civil Contempt in Family Court
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
The WA Supreme Court has held there is a federal and state constitutional right to counsel in civil contempt cases.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Civil Commitment
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A statute requires the appointment of counsel for indigent persons in civil commitment proceedings before and at the probable cause hearing.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Right to counsel
The WA Supreme Court held that mental commitment proceedings require appointment of counsel, but its statement was dicta.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Custody Disputes - Parents
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
An appellate court found that a right to counsel could exist in certain kinds of custody proceedings pursuant to a statute.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Custody Disputes - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A court can appoint counsel for a minor in certain custody proceedings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Domestic Violence - Alleged Victim
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to assistance
By statute, in certain situations, the state must prosecute DV protection order violations on behalf of indigent victims.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Guardianship/Conservatorship of Children - Child (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The court may appoint counsel for a child in a guardianship proceeding.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
yes
Read more about this
Guardianship/Conservatorship of Children - Parent or Guardian (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Indigent parents who have appeared are entitled to counsel if one of three factors are met.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Guardianship/Conservatorship of Adults - Protected Person
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Court must appoint counsel for indigent respondents in guardianship cases.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Housing - Evictions
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
All about Washington State's groundbreaking eviction right to counsel
06/23/2024
In April 2021, Washington State became the first state with a statewide right to counsel for tenants facing eviction.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
|
|
The NCCRC provided support and input on the bill.
|
Read more about this
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
|
|
The NCCRC testified before the City Council on the bill.
|
Read more about this
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.
Read more about this
Incarceration for Fees/Fines (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A Washington court has held there is a right to counsel in proceedings regarding enforcement of legal financial obligations (LFOs).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Paternity - Defendant/Respondent
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A statute permits the state to pay fees for attorneys who represent children in actions under the Parentage Act.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Discretionary appointment of counsel
The Washington Court of Appeals held that a court may appoint counsel in a paternity case.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
yes
Read more about this
Quarantine/Isolation
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to Counsel
There is a right to counsel for a person or group of persons who are isolated or quarantined.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Sexually Dangerous Persons - Commitment
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A statute requires appointment of counsel for an indigent respondent at all stages of commitment as a sexually violent predator.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Sterilization
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Those facing sterilization have a right to counsel
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Termination of Parental Rights (State) - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
|
|
The NCCRC filed supportive testimony for HB 1219 and has worked with advocates on this issue for many years.
|
Read more about this
Right to counsel
The court must appoint counsel for indigent children in TPR cases if they do not have a GAL.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Termination of Parental Rights (Private) - Birth Parents
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Parents have a right to counsel in adoption proceedings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Termination of Parental Rights (State) - Birth Parents
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A statute provides a right to counsel for all indigent parents in termination of parental rights hearings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Truancy - Petition Against Child
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
In Washington State, the right to counsel in truancy proceedings attaches only if the child faces detention.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
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Other Subject Areas
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.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
| Subject Area |
Status |
| Abuse/Neglect/Dependency - Accused Parents |
categorical |
| Abuse/Neglect/Dependency - Children |
qualified |
| Adult Protective Proceedings - Protected Person (incomplete) |
|
| All Basic Human Needs |
qualified |
| Benefits - Claimant |
|
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) |
no such proceeding |
| Child Support Establishment |
|
| Civil Contempt in Family Court |
qualified |
| Civil Commitment |
categorical |
| Forfeiture (incomplete) |
|
| Consumer or Other Debt |
|
| Custody Disputes - Parents |
qualified |
| Custody Disputes - Children |
discretionary |
| Divorce |
|
| Domestic Violence - Accused Person |
|
| Domestic Violence - Alleged Victim |
qualified |
| Education - Special Education |
|
| Employment Discrimination |
|
| Guardianship/Conservatorship of Children - Child (incomplete) |
qualified |
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) |
qualified |
| Guardianship/Conservatorship of Adults - Protected Person |
categorical |
| Health Care Access |
|
| Housing - Discrimination |
|
| Housing - Evictions |
categorical |
| Housing - General |
|
| Immigration |
|
| Issues Related to Incarcerated People |
|
| Incarceration for Fees/Fines (incomplete) |
categorical |
| Involuntary Medical Treatment (incomplete) |
|
| Paternity - Defendant/Respondent |
discretionary |
| Paternity - Petitioner or Child |
|
| Quarantine/Isolation |
categorical |
| Sexually Dangerous Persons - Commitment |
categorical |
| Sexually Dangerous Persons - Registration/Notification |
|
| Sterilization |
categorical |
| Termination of Parental Rights (Private) - Children |
|
| Termination of Parental Rights (State) - Children |
categorical |
| Termination of Parental Rights (Private) - Birth Parents |
categorical |
| Termination of Parental Rights (State) - Birth Parents |
categorical |
| Truancy - Petition Against Child |
qualified |
Go back to Status Map
