Legal Aid in Washington State — Its History, How it Works, and Where to Find it

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walawlibrary

5 min readMar 4, 2021

***A list of legal aid resources and providers can be found at the end of this blog post***

In Gideon v. Wainwright, 372 U.S. 335 (1963), the United States Supreme Court held that the Sixth Amendment’s right to counsel is a fundamental right essential to a fair trial. Writing for the unanimous court, Justice Hugo Black wrote “reason and reflection, require us to recognize that, in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” Consequently, indigent criminal defendants have the right to an attorney paid by the state.

Indigency is defined in RCW 10.101.010 as receiving one of a number of public benefits; or, earning, after taxes, 125% or less of the federal poverty level; or, being involuntarily committed to a public mental health facility; or being “unable to pay the anticipated cost of counsel for the matter before the court because his or her available funds are insufficient to pay any amount for the retention of counsel.” In Thurston County, where the Washington State Law Library is located, criminal defendants can have a public defender appointed by a judge or can contact Thurston County Public Defense if they think they are eligible.

In family law and other civil cases, there is generally no corresponding right to an attorney. Litigants are entitled to representation if they can afford an attorney but the legal proceeding will continue even if they are “self-represented.” Some advocates seek a “Civil Gideon” solution to ensure funding for civil legal aid for indigent litigants but it has not passed.

Sargent Shriver meets with President Lyndon Johnson. Johnson entrusted Shriver to lead his “war on poverty” / LBJ Presidential Library

Washington receives much of its civil legal aid funding from the Legal Services Corporation (LSC). The LSC, established in 1974, is a congressionally created and funded non-profit designed to “promote equal access to justice” and fund “high-quality civil legal assistance to low-income Americans.” The predecessor to the LSC was the federal Office of Economic Opportunity’s Legal Services Program established in 1965 under the direction of Sargent Shriver.

In Washington most of the funds from LSC and the state’s Office of Civil Legal Aid go towards funding the Northwest Justice Project, the general civil legal aid organization for the state. The Northwest Justice Project operates the CLEAR Hotline, 1–888–201–1014 (2–1–1 in King County), which serves to direct potential clients who need legal assistance to local offices, specialized units of the Northwest Justice Project, or the smaller, specialized legal aid agencies such as the Northwest Immigrant Rights Project or Columbia Legal Services. Washington residents who are low income and have a legal problem should first call the CLEAR Hotline (2–1–1 in King County) or apply through CLEAR*Online to see if they can get help.

Another avenue for help is the local clinics provided by bar associations around the state including the Neighborhood Legal Clinics run by the King County Bar Association or the Thurston County Volunteer Legal Services. The most complete contact list is provided by the Washington State Pro Bono Council.

The Washington State Bar Association hosts a Moderate Means Program for those whose annual household income falls between 200% and 400% of the federal poverty level and are seeking assistance for family, housing, consumer law, or unemployment benefits issues. The state courthouse facilitator program is also an option for self-represented parties with family law or guardianship cases who need assistance with court procedures and legal forms rather than legal representation or advice.

Unfortunately, legal aid organizations can only provide attorneys in less than fifty percent of cases, even for eligible low-income Washingtonians. The 2015 Washington Civil Legal Needs Study Update shows the need for significantly increased funding to meet the needs of so many in the state. People who cannot get a legal aid attorney due to lack of resources or other reasons should check for information about their legal problem at Northwest Justice Project’s WashingtonLawHelp.org web page or reach out to the Washington State Law Library at 360–357–2136 or library.requests@courts.wa.gov for legal resources.

Opportunities for attorneys to volunteer with legal aid organizations can be found through the Washington State Bar Association or the Legal Foundation of Washington.

If you are looking for legal aid, following is a list of some resources and organizations. Most of the specialized legal aid organizations provide assistance statewide. Consult the general legal aid resources to find legal aid in your area:

General Legal Aid Resources

Practice of Law Board’s Frequently Asked Questions about legal help in Washington State

Northwest Justice Project’s Get Legal Help page (Español 中文 한국어 Tagalog Tiếng Việt Pусский Somali)

Washington State Bar Association’s Find Legal Help page

Washington State Bar Association’s Qualified Legal Service Providers page

Washington LawHelp’s Find Legal Help page

Washington Pro Bono Council’s list of legal aid programs by county

Family Law

Find a Limited License Legal Technician

Washington Courthouse Facilitator Program

QLaw Foundation of Washington for LGBTQ+ legal issues

Abuse Survivors

Sexual Violence Law Center

The NW Network for members of the LGBTQ+ community

Washington State Coalition Against Domestic Violence list of Washington Domestic Violence Programs (contact your local program to determine if they provide legal services)