BELLEVUE SCHOOL DIST. v. E.S.

No. 83024-0.

257 P.3d 570 (2011)

171 Wash.2d 695

BELLEVUE SCHOOL DISTRICT, Petitioner, v. E.S., Respondent.

Supreme Court of Washington, En Banc.

Decided June 9, 2011.


Attorney(s) appearing for the Case

James Morrissey Whisman , King County Prosecutor's Office, Seattle, WA, for Petitioner.

Robert Charles Boruchowitz , Seattle University School of Law, Seattle, WA, for Respondent.

Sarah A. Dunne , Nancy Lynn Talner , Melody Rose Spidell , ACLU of Washington Foundation, Seattle, WA, Alyse D. Bertenthal , Keker & Van Nest, LLP, San Francisco, CA, amicus counsel for ACLU of Washington Foundation.

Brent M. Pattison , Thompson & Howle, Caedmon Magboo Cahill , TeamChild, Seattle, WA, amicus counsel for Children and Family Justice Center, Committee for Indigent Represent and Civil Legal Equality & Team Child.

Lisa Lawrence Beard , Attorney at Law, Seattle, WA, amicus counsel for Juvenile Law Center.

Chorisia John Folkman , Tulalip Office of Civil Legal Aid, Tulalip, WA, amicus counsel for Team Child.


ALEXANDER, J.

¶ 1 We are asked to decide whether the due process clause of the Fourteenth Amendment to the United States Constitution or the due process clause set forth in article I, section 3 of the Washington Constitution requires appointment of counsel to represent a child at an initial truancy hearing. The Court of Appeals, Division One held that due process protections compel appointment of counsel at that stage of a truancy proceeding. We hold that the...

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