Ensuring individuals have a right to effective counsel when facing the loss of their basic human needs in the civil legal system.

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Washington

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
What do these terms mean?
Recent Activity
Right to Counsel Status
Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Legislation

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.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Doesn't Affect

Abuse/Neglect/Dependency - Children

Report

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.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
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.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.

Legislation

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
Appointment of Counsel:  Yes
Qualified: Yes
? 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.

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

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
Appointment of Counsel:  Yes
Qualified: Yes
? 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.

Litigation

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.
Read More
Appointment of Counsel:  Discretionary
Qualified: No
? 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.

Bar Effort

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.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Qualified

All Basic Human Needs

Court Rule or Initiative

Key Development
? 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).
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.
Read More
Appointment of Counsel:  Discretionary
Qualified: Yes
? 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.
Doesn't Affect

Housing - Evictions

Legislation

January 13, 2025
HB1089
Before the deadline in summons, tenants must respond in writing and provide supporting documentation to OCLA or they cannot receive attorney.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
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.
Read More
Appointment of Counsel:  Yes
Qualified: Yes
? 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.

The NCCRC testified before the City Council on the bill.

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.
Read More
Appointment of Counsel:  Yes
Qualified: No
? 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.

The NCCRC provided support and input on the bill.

February 17, 2025
HB1915
Updating statutory language, e.g., that on the Eviction Summons, to inform tenants that they may lose RTC if they fail to respond by deadline
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
February 19, 2025
SB5740
Before deadline in summons, tenants must respond in writing and provide supporting documentation to OCLA or they cannot receive attorney
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
February 19, 2025
SB5741
Attempts to address eviction court capacity issues by permitting county judges to appoint housing commissioners to hear eviction matters
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
March 26, 2025
HB1621
Attempts to address eviction court capacity issues by permitting county judges to appoint housing commissioners to hear eviction matters
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.

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.
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Doesn't Affect

Involuntary Medical Treatment (incomplete)

Legislation

February 10, 2025
HB1905
Related to right to counsel in involuntary medical treatment matters
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
March 28, 2025
SB5745
Related to right to counsel in involuntary medical treatment matters
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Qualified

Other subject area

Legislation

Key Development
? 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).
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.
Read More
Appointment of Counsel:  Yes
Qualified: Yes
? 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.
Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development
? 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).
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
Appointment of Counsel:  Yes
Qualified: Yes
? 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.

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

Key Development
? 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).
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
Appointment of Counsel:  Yes
Qualified: Yes
? 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.
Qualified

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

No Such Proceeding

Adult Protective Proceedings - Protected Person

Qualified

All Basic Human Needs

No Such Proceeding

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

Qualified

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Qualified

Custody Disputes - Parents

Other

Divorce

Qualified

Domestic Violence - Alleged Victim

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Qualified

Housing - Evictions

Categorical

Incarceration for Fees/Fines (incomplete)

Qualified

Other subject area

Qualified

Parentage - Defendant/Respondent

Categorical

Quarantine/Isolation

Categorical

Sexually Dangerous Persons - Commitment

Categorical

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Qualified

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Qualified

Truancy - Petition Against Child

© 2003-2024 National Coalition for a Civil Right to Counsel

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

About Us
Mission & Vision Our Team Our Work Funders & Supporters Contact
About Civil RTC
History CRTC Champions FAQ
News
Resource Library
Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC
Get Involved
Donate
Status Map