Legal Representation for Low-Income People Remains a Challenge

(SEATTLE) – The Washington State Bar Association (WSBA) has a long-standing concern with access to justice issues, in particular the unmet legal needs of persons with limited or moderate income. The following is a statement from WSBA President Stanley A. Bastian regarding today’s Washington State Supreme Court ruling in In re: King:

"This case highlights the need to greatly expand access to civil legal services in Washington, particularly when basic human needs are at stake such as in child custody disputes. Every day, people around the state appear in court without legal representation. And they often do so by necessity, rather than choice. Those individuals are also often unable to effectively present their cases in a court. Access to the justice system is a fundamental right, and no person should be denied access simply because they are poor. The WSBA will continue to work with the Legislature to expand access to our court system in Washington."

The King case involved a child custody dispute between a divorced couple. The father was represented by counsel. The mother had a ninth-grade education and limited income. She could not afford an attorney, and did not have one at trial. The court eventually awarded primary care and decision-making authority for the divorced couple’s three children to the father.

The case addressed the issue of whether individuals are entitled to attorneys at public expense in limited circumstances.

In additional to working to expand low-income legal services in Washington, the WSBA encourages attorneys to provide at least 30 hours of pro bono publico, or free legal services, per year. In 2006, Washington attorneys contributed tens of thousands of hours of pro bono legal services to persons with limited means, or to charitable, community, religious or governmental organizations assisting persons with limited means. The Campaign for Equal Justice also raises charitable funds for civil legal aid in Washington. A statewide report, however, showed 80 percent of low-income individuals in Washington facing a critical legal need do so without legal assistance each year.

About the Washington State Bar Association
The WSBA is part of the judicial branch, exercising a governmental function authorized by the Washington State Supreme Court to license the state’s 30,850 lawyers. The WSBA both regulates lawyers under the authority of the Court and serves its members as a professional association — all without public funding. As a regulatory agency, the WSBA administers the bar admission process, including the bar exam; provides record-keeping and licensing functions; and administers the lawyer-discipline system. As a professional association, the WSBA provides continuing legal education for attorneys, in addition to numerous other educational and member-service activities.

The governance of the WSBA is vested in its 14-person Board of Governors. There are three governors from the seventh congressional district; one from each of the other eight districts; and three at-large members, one of whom represents the Young Lawyers Division. The 2007-2008 president is Stanley A. Bastian, of Wenatchee. The 2007-2008 president-elect is Mark A. Johnson, of Seattle, and the immediate past-president is Ellen Conedera Dial, of Seattle. The Board meets regularly (every six weeks) at various locations around the state, and its meetings are open to the public.

# # #