Washington State Court of Appeals Will Rule on Right to Counsel in Truancy Proceeding

A 13-year-old girl who was found to be truant after a hearing in which she had neither a lawyer nor a guardian ad litem has asked the Washington appellate court to reverse the finding. At the hearing, the girl was accompanied only by her mother, who does not speak English well and needed an interpreter to communicate with the court. The truancy finding could lead to a finding of contempt against the girl, sanctions for which could include incarceration. On appeal in the case, E.S. v. Bellevue School District, the appellant argues that due process required the appointment of counsel.

The Committee for Indigent Representation and Civil Legal Equality (CIRCLE) and TeamChild submitted a joint amicus brief on her behalf and the ACLU of Washington also sought leave to file an amicus brief. The appellant's opening brief, the CIRCLE and TeamChild amicus brief, and the ACLU's brief in support of its motion are posted here.

These are selected cases in which courts have ruled on a civil right to counsel.

King v. King, --- P.3d ----, 2007 WL 4259926 

Kenny A. ex rel Winn v. Sonny Perdue, 356 F.Supp. 1353 (N.D. Ga 2005)

In re Adoption of L.T.M., 214 Ill.2d 60 (2005)

Halls v. Arden, No. 30761-8-II (Wash. Ct. App., 2005)

Kelly v. Warpinski, No. 04-2999-OA (Wis. Sup. Ct. filed Nov. 17, 2004)

Rodriguez v. Eighth Judicial Dist. Court ex rel. County of Clark, 120 Nev. 798 (2004)

Frase v. Barnhart, 379 Md 100 (2003)

Nicholson v. Williams, 203 F. Supp. 2d 153 (E.D.N.Y. 2002)

Krieger v. Com., 38 Va.App. 569 (2002)

Sholes v. Sholes, 760 N.E.2d 156 (Indiana 2001)

In re Adoption of J.D.W., 2000 WL 1156628 (Tenn.Ct.App. 2000)

Joni B. v. State, 549 N.W.2d 411 (Wis. 1996)

Bothwell v. Republic Tobacco Co., 912 F. Supp. 1221 (D. Neb. 1995)

In re Marriage of Hartley, 886 P.2d 665 (Colorado 1995)

Campbell v. Criterion Group, 605 N.E.2d 150, 160-61 (Ind.1992)

In the Matter of K.L.J., 813 P.2d 276 (Alaska 1991)

Zockert v. Fanning, 310 Or. 514 (1990)

State ex rel. T.H. by H.H. v. Min, 802 S.W.2d 625 (Tenn.Ct.App. 1990)

Matter of D.D.F., 1990 OK 89 (1990)

Quail v Municipal Court, 217 Cal.Rptr. 361 (1985)

Graves v. Adult and Family Services Div., 76 Or.App. 215 (1985)

Lassiter v. Department of Social Services, 452 U.S. 18 (1981)

State ex rel. Heller  v. Miller, 399 N.E.2d 66 (Ohio 1980)

Flores v. Flores, 598 P.2d 893 (Alaska 1979)