Discretionary appointment of attorney

Generally

The court is permitted to appoint counsel for unrepresented petitioners. It may also appoint a guardian ad litem (GAL) for unrepresented petitioners who are younger than 18 years of age. However, it is not clear whether or not the GAL must be an attorney.

Unrepresented petitioners

Discretionary appointment of counsel

The court is permitted to appoint an attorney for unrepresented petitioners. See Wash. Rev. Stat. 7.105.240 (“Subject to the availability of amounts appropriated for this specific purpose, or as provided through alternative sources including, but not limited to, grants, local funding, or pro bono means, the court may appoint counsel to represent the petitioner if the respondent is represented by counsel.”)

Unrepresented petitioners younger than 18 years of age

Discretionary appointment of GAL — Unclear whether GAL is an attorney

The court is also permitted to appoint a guardian ad litem for an unrepresented petitioner or respondent if they are under 18 years of age. Specifically, Wash. Rev. Stat. 7.105.105(11) states:

Subject to the availability of amounts appropriated for this specific purpose, or as provided through alternative sources including, but not limited to, grants, local funding, or pro bono means, if the court deems it necessary, the court may appoint a guardian ad litem for a petitioner or a respondent who is under 18 years of age and who is not represented by counsel. If a guardian ad litem is appointed by the court for either or both parties, neither the petitioner nor the respondent shall be required by the court to pay any costs associated with the appointment.

However, the General Provisions section governing the chapter on Civil Protection Orders does not provide a definition for “guardian ad litem”, so it is unclear whether the GAL must be an attorney.