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Washington Supreme Court weighs whether juvenile statute requires explicit client direction to appeal

Washington Supreme Court · May 23, 2024
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Summary

On May 23, 2024 the Washington Supreme Court in Tumwater heard argument over whether RCW 13.04.033(3) allows appellate courts to dismiss discretionary review when a party did not specifically direct counsel to file a notice; appellant counsel said filing ordinarily suffices, the state urged that in some juvenile cases something more may be required.

The Washington Supreme Court heard argument May 23 in Tumwater on whether RCW 13.04.033(3) permits appellate courts to dismiss discretionary review when a party did not specifically direct counsel to file a notice for review.

Appellant counsel Christopher Petrone of the Washington Appellate Project told the court that "the filing of the notice itself is sufficient evidence the client directed the attorney to file that notice" in the ordinary case, and urged the justices to resolve the question by the statute's plain text rather than imposing a separate signature requirement.

Patr…

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