Title 9 - Right to Lawyer and Experts in All Juvenile Court Proceedings

JuCR 9.1: CHILD IN NEED OF SERVICES AND AT RISK YOUTH PETITION - MANDATORY APPOINTMENT OF LAWYER

The court shall appoint a lawyer for a child in Child In Need of Services or an At Risk Youth proceeding proceeding when required by RCW 13.32A.160(1)(e)(a)(ii)(c) and RCW 13.32A.190(1), or 13.32A.192(1)(c).

JuCR 9.2: ADDITIONAL RIGHT TO REPRESENTATION BY LAWYER

(a) Retained Lawyer.

Any party may be represented by a retained lawyer in any proceedings before the juvenile court.

(b) Child in Need of Services Proceedings.

The court shall appoint a lawyer for indigent parents of a juvenile in a child in need of services proceeding.

(c) Dependency and Termination Proceedings.

The court shall provide a lawyer at public expense in a dependency or termination proceeding as follows:

(1) Upon request of a party or on the court's own initiative, the court shall appoint a lawyer for a juvenile who has no guardian ad litem and who is financially unable to obtain a lawyer without causing substantial hardship to himself or herself or the juvenile's family. The ability to pay part of the cost of a lawyer shall not preclude assignment. A juvenile shall not be deprived of a lawyer because a parent, guardian, or custodian refuses to pay for a lawyer for the juvenile. If the court has appointed a guardian ad litem for the juvenile, the court may, but need not, appoint a lawyer for the juvenile.

(2) Upon request of the parent or parents, the court shall appoint a lawyer for a parent who is unable to obtain a lawyer without causing substantial hardship to himself or herself or the juvenile's family. The ability to pay part of the cost of a lawyer shall not preclude assignment.

(d) Juvenile Offense Proceedings.

The court shall provide a lawyer at public expense in a juvenile offense proceeding when required by RCW 13.40.080(10), RCW 13.40.140(2) or rule 6.2. (1) Before appointing a lawyer for an indigent person or at the first appearance of the lawyer in the case, the court shall require the lawyer to certify to the court that he or she complies with the applicable Standards for Indigent Defense Services to be approved by the Supreme Court.

JuCR 9.2 Stds: Standards for Indigent Defense

(In Word Format)

JuCR 9.3: RIGHT TO APPOINTMENT OF EXPERTS IN JUVENILE OFFENSE PROCEEDINGS

(a) Appointment.

A juvenile who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense may request that these services be provided at public expense by a motion. Upon finding that the services are necessary and that the juvenile is financially unable to obtain them without substantial hardship to himself or herself or the juvenile's family, the court shall authorize counsel to obtain the services on the behalf of the juvenile. The ability to pay part of the cost of the services shall not preclude the provision of those services by the court. A juvenile shall not be deprived of necessary services because a parent, guardian, or custodian refuses to pay for those services. The court, in the interest of justice and on a finding that timely procurement of necessary services could not await prior authorization, may ratify services after they have been obtained.

(b) Compensation.

The court shall determine reasonable compensation for the services and direct payment to the organization or person who rendered them on the filing of a claim for compensation supported by affidavits specifying the time expended and the services, and expenses incurred on behalf of the juvenile, and the compensation received in the same case or for the same services from the juvenile or any other source.