[WSBARP] NJP Making it a Federal Case

[Jimmy Garg]

I wish I wasn't doing them anymore either, but hard to change focus and build a practice doing something new like personal injury or something, when I'm 40 and after 15 years of practice, with or without new changes to the law.

This is the argument I made last time, but to no avail..

"....also includes the right to an attorney, which flows out of RCW 59.18.640. The statute
specifically requires that the Court determine whether an indigent "tenant" is eligible for
an attorney under the law, and does not leave the discretion of deciding up to the Housing
Justice Project, or any other office of civil legal aid. "...the court must appoint an
attorney for an indigent tenant in an unlawful detainer proceeding under this chapter and
chapters 59.12 and 59.20 RCW" [Emphasis Added]. RCW 59.18.640(1)."

Jimmy Garg, Esq.
Jimmy Garg, PLLC
300 Lenora Street # 1063
Seattle, WA 98121
206-580-3790 (p) 206-736-3218 (f)
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, May 12, 2023 11:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] NJP Making it a Federal Case

Literally.  I represent LL in an unlawful detainer case.  Tenant is a non-English native tongue speaker and NJP demands the court provide an interpreter at the court's cost.  But tenant doesn't qualify for a free attorney (makes over $54K a year) and court says RCW 2.43.040 requires T to be indigent before court pays.  NJP argues that T's financial position is irrelevant and, get this, RCW 2.43.040 violates federal due process and thus unconstitutional.  Is there no notice requirement to the WA Attorneys Office.  The hearing is this afternoon.  Any thoughts?


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