Washington
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
A statute provides counsel for indigent parents at all stages of the proceedings, including at the initial shelter care hearing.
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Key Development
January 8, 2024
WA considers pre-petition RTC for parents in abuse cases
The bill would have provided a child's parent with the right to consult with counsel before signing a 'voluntary' placement agreement.
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Litigation
Key Development
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.
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Discretionary
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Discretionary appointment of counsel
A court can appoint counsel for children in child welfare cases, and must appoint in some situations.
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Key Development
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
March 28, 2014
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.
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Key Development
May 10, 2021
WA State guarantees counsel for many children in child welfare cases
As the result of 2021 legislation, many Washington State children are now guaranteed independent counsel in child welfare cases.
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Bar Effort
Key Development
October 17, 2015
WA State Bar: kids should have right to counsel in dependency proceedings
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
Key Development
August 26, 2016
Report: Whether Washington kids get counsel depends on where they live
A report examines the situation in Washington State as to when children are appointed counsel in child welfare cases.
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Key Development
November 15, 2021
WA report finds improved outcomes, cost savings w/kid counsel
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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Litigation
Key Development
September 11, 2017
WA court says child should have been appointed counsel
A Washington Court of Appeals held that a trial court should have appointed counsel for a child in a dependency proceeding.
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
No such proceeding
The adult protective services code does not itself authorize court-ordered involuntary services, but related matters are authorized.
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Qualified
All Basic Human Needs
Court Rule or Initiative
Key Development
August 2, 2017
Washington State creates, expands rule for appointment of counsel for litigants with disabilities
A court rule permits appointment of counsel for a person with disabilities as a reasonable accommodation. The rule applies to admin cases too.
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No Such Proceeding
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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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
A statute requires the appointment of counsel for indigent persons in civil commitment proceedings before and at the probable cause hearing.
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Litigation
Key Development
Right to counsel
The WA Supreme Court held that mental commitment proceedings require appointment of counsel, but its statement was dicta.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
The WA Supreme Court has held there is a federal and state constitutional right to counsel in civil contempt cases.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
A court can appoint counsel for a minor in certain custody proceedings.
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Qualified
Custody Disputes - Parents
Legislation
Key Development
Right to counsel
An appellate court found that a right to counsel could exist in certain kinds of custody proceedings pursuant to a statute.
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Doesn't Affect
Domestic Violence - Accused Person
Legislation
Discretionary appointment of GAL
The court may appoint a GAL for unrepresented respondents less than 18 years of age, but it is not clear whether the GAL is an attorney.
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Discretionary
Domestic Violence - Alleged Victim
Legislation
Key Development
Discretionary appointment of attorney
The court may appoint an attorney for unrepresented protective order petitioners.
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Key Development
Right to assistance for enforcement
In certain situations, the state must provide indigent victims with assistance in enforcing protective orders.
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Key Development
Vulnerable adult protection orders filed by department
Interested persons or the department may file for a protective order on a vulnerable adult's behalf, but no right to counsel was found.
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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
Court must appoint counsel for indigent respondents in guardianship cases.
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in a guardianship proceeding.
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Qualified
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
Right to counsel
Indigent parents who have appeared are entitled to counsel if one of three factors are met.
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Doesn't Affect
Housing - Evictions
Report
September 1, 2018
Report details dramatic effect of having counsel in Seattle evictions
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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Legislation
October 18, 2024
All about Washington State's groundbreaking eviction right to counsel
In April 2021, Washington State became the first state with a statewide right to counsel for tenants facing eviction.
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March 29, 2021
Seattle becomes eighth city with eviction right to counsel
A bill enacted by the Seattle City Council provides a right to counsel for all low-income tenants facing eviction.
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Categorical
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
A Washington court has held there is a right to counsel in proceedings regarding enforcement of legal financial obligations (LFOs).
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Qualified
Other subject area
Legislation
Key Development
February 1, 2018
King County WA creates right to counsel for certain crime victim families
A King County WA ordinance enacted in 2018 provides a right to counsel for families of police violence victims at inquest proceedings.
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Discretionary
Parentage - Defendant/Respondent
Legislation
Key Development
Discretionary appointment of counsel
A statute permits the state to pay fees for attorneys who represent children in actions under the Parentage Act.
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Litigation
Key Development
Discretionary appointment of counsel
The Washington Court of Appeals held that a court may appoint counsel in a paternity case.
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Categorical
Quarantine/Isolation
Legislation
Key Development
Right to Counsel
There is a right to counsel for a person or group of persons who are isolated or quarantined.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
A statute requires appointment of counsel for an indigent respondent at all stages of commitment as a sexually violent predator.
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Categorical
Sterilization
Legislation
Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
A statute provides counsel for indigent parents at all stages of the proceedings, including at the initial shelter care hearing.
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Litigation
Key Development
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.
Read More
Qualified
Termination of Parental Rights (State) - Children
Court Rule or Initiative
Key Development
Right to counsel
The court must appoint counsel for indigent children in TPR cases if they do not have a GAL.
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Legislation
Key Development
March 28, 2014
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.
Read More
Key Development
May 10, 2021
WA State guarantees counsel for many children in child welfare cases
As the result of 2021 legislation, many Washington State children are now guaranteed independent counsel in child welfare cases.
Read More
Qualified
Truancy - Petition Against Child
Litigation
Key Development
Right to counsel
In Washington State, the right to counsel in truancy proceedings attaches only if the child faces detention.
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Debtor’s Prison / Financial
Domestic Violence
Education
Family Law
Health
Qualified