And a lawyer will be appointed to you
Divorce battles and constitutional law normally occupy opposite ends of the legal spectrum.
That will change today when the state Supreme Court examines whether a Snohomish County judge violated state and federal law by failing to provide an attorney to an indigent woman going through divorce proceedings.
The case is receiving close scrutiny across the country, since a ruling in plaintiff Brenda Leone King’s favor could open the door to costly new requirements for state and local governments to provide lawyers for poor citizens involved in a wide range of civil disputes.
People charged with crimes are routinely appointed public defenders if they cannot afford an attorney. Many states — including Washington — appoint lawyers in civil cases where the state is involved, such as if the state is seeking to revoke parents’ custody of their children.
“The state’s position is there is no constitutional right to counsel” in a child custody battle between two private individuals, said Carol Murphy, a lawyer in the Attorney General’s office who will argue the state’s position before the high court.
The state does not dispute that there is a large, unmet need for legal services for people who cannot afford them, Murphy said.
But she said it is up to the state Legislature, not the courts, to decide how to fill that need, and she noted that the Legislature has budgeted $22.5 million for civil legal aid in 2008 and 2009.
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