Washington Supreme Court hears dispute over default judgments and tenants’ right to counsel

The Washington State Supreme Court on Feb. 11 heard arguments about whether a trial court may enter a default judgment in an eviction case after a tenant has filed a written notice of appearance without first ensuring the tenant has access to counsel.

Yuan Ting, attorney for the petitioner, told the court that the trial judge below allowed the landlord to obtain a default despite the tenant’s notice of appearance and argued that practice "significantly undermines the right to counsel" because it permits landlords to bypass the statutorily designed show-cause process that is meant to ensure access to legal help for eligible tenants. Ting urged the justices to hold that CR 55 default procedure may not be used to evade the protections in the unlawful detainer statutes and SPR 98.24W and to require courts to deny default motions and redirect parties to the show-cause hearing when a tenant has appeared.

Responding, Julie Martaniello, counsel for the respondent, said there are two central…