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                         Local Juvenile Court Rule 9.2
                               RIGHT TO COUNSEL


    (A)  Appointments.  Legal counsel shall be provided at the expense of the
county in the following circumstances:

        1. For a juvenile respondent:

           a. Alleged to be a juvenile offender and the juvenile is unable to afford
an attorney;

           b. Alleged to have violated the terms of his/her community supervision and
the juvenile is unable to afford an attorney;

           c. Who may be a party to a diversion agreement who has not waived his right
to counsel, is unable to financially obtain counsel, and who requests counsel
be appointed for the purpose of advising him as to whether he desires to
participate in the diversion process or to decline to participate and the
juvenile is unable to afford an attorney;

           d. When the Prosecuting Attorney or diversion unit has filed a petition to
terminate or modify a diversion agreement and the juvenile is unable to afford
an attorney;

           e. When a dependency petition has been filed alleging the child to be
dependent pursuant to RCW 13.34.040, and the child is six (6) years of age or
older and a guardian ad litem has not been appointed to represent the best
interests of the child;

           f. When a petition has been filed for approval of an alternative residential
placement pursuant to RCW 13.32A and the child is six (6) years of age or older and a
guardian ad litem has not been appointed to represent the best interests of the child;

           g. When a review hearing is to be held pursuant to RCW 13.32A or RCW 13.34,
and the child is six (6) years of age or older and a guardian ad litem has not
been appointed to represent the best interests of the child;

           h. When a petition to terminate the rights of the parent or parents of the
juvenile has been filed and the child is six (6) years of age or older and a
guardian ad litem has not been appointed to represent the vest interests of the child;

           i. When a petition asking for the creation of a guardianship over the child
has been filed pursuant to RCW 13.34.230, and the child is six (6) years of age
or older and a guardian ad litem has not been appointed to represent the best
interests of the child.

        2. For a parent, guardian or custodian:

           a. Who is a party to a:

              (1) Dependency proceeding;

              (2) Proceeding for the termination of the parent-child relationship;

              (3) Proceeding pursuant to RCW 13.40 and a juvenile under the age of twelve
for whom a parent, guardian or custodian is responsible is requesting to waive
a right or object to a proceeding;

              (4) Proceeding pursuant to RCW 13.34 requesting a guardianship be created;

              (5) Proceeding and who requests that the court appoint counsel because of an
inability to obtain counsel due to financial hardship and the court finds the party indigent.

        3. Whenever ordered by the court.

    (B)  Retained counsel.  Any party may be represented by retained counsel in any
proceeding before the Juvenile Court.

    (C)  Procedure for Appointment of Counsel.  At or prior to the initial
appearance of the parties, the court or a representative of the court may
inquire as to the financial status of any party who requests counsel to be
appointed.  Upon the filing of a motion and affidavit for assignment of a
lawyer by a party, the court may schedule a hearing on the subject of the
parents, guardian, or custodian and/or the child's ability to pay all or part
of the expense of counsel.  Upon a finding that the party requesting
appointment of counsel is indigent, the court shall appoint counsel.  If it
appears that the party can partially afford counsel, the court shall appoint
counsel but may direct that the party pay an amount certain to the Clerk of the Court.

        1.   An appropriate form may be used to determine the financial status of a party.

    (D)  Notice of Appearance.  Attorneys, representing parties in juvenile
matters, except for appointed attorneys, must serve prompt written notice of
their appearance upon all other parties or their counsel of record, the legal
process unit of the court and file the same with the Clerk of the Court.

    (E)  Recovery of County Expense for Appointed Counsel.  Nothing in this rule
shall prevent the court from ordering, as a condition of community supervision,
that juvenile offenders pay court costs and fees for court-appointed counsel.


[Adopted effective April 1, 1988]
	

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