Washington Supreme Court Asked to OK State-Supported Divorce Representation

By Ashley Van Leuven

Published on May 31, 2007

Attorney Katie O’Sullivan contended in the May 31 hearing that Brenda King, a mother of three whose divorce proceedings began in 2004, was denied her constitutional right to a fair trial because a judge did not ensure that she had adequate legal representation.

King had a lawyer when her divorce from her husband of 10 years, Michael King, began. However, she could not afford the legal bills and eventually handled the case herself. Her current lawyers are providing free representation.

O’Sullivan argued that because the government requires that a court decide complex divorce and child custody cases, the state has an obligation to provide legal help to those who cannot afford it.

The right to an attorney is guaranteed in criminal cases, and Washington State provides attorneys for some civil cases. However, the right to an attorney in a divorce has not been recognized by any other state court or legislature.

A decision from the Court is not expected for several months.

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