Legal Opinion · Concurring in part, dissenting in part

In re Dependency of E.H.

Washington Supreme Court

Decided October 4, 2018No. 94798-8; consolidated with 94970-1Published

1Concurring in part, dissenting in part

GORDON McCLOUD, J. (concurring in part and dissenting in part)

¶ 60 I agree with the lead opinion that both RCW 13.34.700(7)(a) and the due process clause of the Washington Constitution provide a child with the right to counsel in dependency proceedings in certain circumstances. WASH. CONST. art. I, § 3. I write separately for two reasons: (1) to highlight the fact that all members of this court now agree that a trial court must consider certain key factors before making that decision about appointment of counsel, see lead opinion at 596-97; dissent at 607, and (2) to dissent from the decision…

2Cases cited38 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  4. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  5. State v. GunwallWashington Supreme Court · 1986

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