Discretionary appointment of counsel

Washington , Legislation , Custody Disputes - Children

In private custody proceedings connected to divorce/separation, the court has the power to appoint counsel for a minor in matters related to the development of the parenting plan, or generally for any matter related to custody, support, or visitation. Wash. Rev. Code § 26.09.110; Wash. Rev. Code § 26.10.070.

On April 13, 2023, Washington enacted HB 1088 which authorizes the arbitrator of a family law case to “[a]ppoint an attorney, guardian ad litem, or other representative for a child at the expense of the parties[,]” effective January 1, 2024. Wash. Rev. Code. § 26.61.13(k).

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.