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  1. #1
    1955pirate is offline Rookie
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    "Right" to a divorce attorney?

    Todays news from Washington State.

    A woman asks the Washington State Supreme Court for a taxpayer funded divorce lawyer. Her lawyers say she did not get a fair divorce trial because she could not afford an attorney and are now asking the state Supreme Court for taxpayer funded legal representation for their client. They are handling the appeal for free.

    What does this mean to LEO's? You respond to a DV call and give advisement that the party(s) may be entitled to a free attorney for the dissolution?

  2. #2
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    I tell my son that he can ask for anything.

    Doesn't mean he's gonna get it though.
    Molly Weasley makes Chuck Norris eat his vegetables.

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  3. #3
    countybear's Avatar
    countybear is offline BDRT - Baby Daddy Removal Team
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    If the voters in WA do not speak definitively, we just might.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

    Tell me not, Sweet, I am unkind,
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    To war and arms I fly.
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    The opinions expressed by this poster are wholly his own, and should never be construed to even remotely be in representation of his employer, its agencies or assigns. In fact, they probably fail to be in alignment with the opinions of any rational human being.

  4. #4
    phantasm is offline Corporal
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    divorce = civil = no right to a lawyer

  5. #5
    121Traffic's Avatar
    121Traffic is offline Just Us
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    Agreed. Pretty sure the founding fathers framed the right to legal counsel with criminal matters in mind. You have the right to an attorney because the bottom line is that the government is bringing you to court, and the Bill of Rights was a document designed to afford citizens protections from a (possibly) overreaching government. The government ain't involved (by its own accord anyway) with your babysmamadrama...PERIOD. YOU couldn't work it out, so now I have to pay? Gimme a break.
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  6. #6
    1955pirate is offline Rookie
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    The argument by the lawyers representing this woman and by the women's groups supporting the appeal is that an appointed attorney should/would be proper under our constitution in cases where the fundamental right of custody of children is an issue.

    (Don't jump on me...I'm not advocating, only reporting what I read)

    This will be interesting to watch in a liberal state such as WA.

  7. #7
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

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  8. #8
    conalabu is offline Grasshopper
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    I may be wrong, but I think the kids do have a right to attorney. But the attorney acts strictly for the children.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

  9. #9
    1955pirate is offline Rookie
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    Quote Originally Posted by conalabu View Post
    I may be wrong, but I think the kids do have a right to attorney. But the attorney acts strictly for the children.
    That is correct. A guardian ad litem (appointed to represent the interests of another person such as a child or mentally incapacitated person) or legal counsel can be appointed by the court. This appeal is totally different than that of which you speak. It appears the main issue in this appeal deals with a dissolution involving custody wherein one party is indigent and therefore (it is argued) is being denied represention for the purpose of protecting a fundamental right.

  10. #10
    conalabu is offline Grasshopper
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    Quote Originally Posted by 1955pirate View Post
    That is correct. A guardian ad litem (appointed to represent the interests of another person such as a child or mentally incapacitated person) or legal counsel can be appointed by the court. This appeal is totally different than that of which you speak. It appears the main issue in this appeal deals with a dissolution involving custody wherein one party is indigent and therefore (it is argued) is being denied represention for the purpose of protecting a fundamental right.
    Here's my thing then, in the interest of the children, if one party is indigent, they should not have the kids anyway. Get a permanent residence/job/means of support, then come whine to the courts about who gets the kids. This is a ridiculous case. The mother is coniving to obtain a home. If she has custody, the father pays for the support of the children and the state pays for the house. This is commonly referred to in the office as "bullshit". Heck no. As if we need another law to support dumbass lazy people. The spirit of the Constitution was not in support of handouts. The way the law is right now is just fine and fair for people who work for what they get. Hell with the bleeding hearts.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

  11. #11
    1955pirate is offline Rookie
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    I am as adamantly opposed to a finding for the appellant in this matter as anyone. However, I think this appeal is a much the brainchild and effort on the part of the attorney(s) who are representing her free, as it is on the part of the appellant herself. Another paycheck source for lawyers on the backs of the taxpayers. The Washington Supreme Court will probably not rule on this case for months. As new information becomes available I will post.

  12. #12
    Ducky's Avatar
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    I had to take out a loan to pay for my divorce. Best money I ever spent.
    \\
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    "...but to forget your duck, of course, means you're really screwed." - Gary Larson
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