OCLA delivers plan for launching Washington State’s first-in-nation “Right to Counsel” program

OCLA delivers plan for launching Washington State's first-in-nation 'Right to Counsel' program

July 15, 2021

The Office of Civil Legal Aid (OCLA), the independent judicial branch agency charged with administering and overseeing state funding for civil legal aid services throughout Washington, today delivered to the legislature a plan for implementing the first-in-nation statewide 'Right to Counsel' program for indigent tenants facing eviction.

'It is urgent that we deliver what the Legislature and Governor asked of OCLA - to quickly stand up a tenant-centered, equity-informed statewide program to provide effective counsel to indigent tenants facing eviction,' said Jim Bamberger, OCLA's Director. 'That's why we are so proud on behalf of all the stakeholders involved to submit the Implementation Plan to the Legislature early, doing our part in the larger effort to protect housing stability for individuals and families across the state threatened with eviction and possible homelessness.'

The Implementation Plan was mandated by the passage of SB 5160 during the last legislative session. That bill gave OCLA 90 days to develop a plan (by July 22) and 12 months to implement it (by April 22, 2022).

SB 5160 expanded on early legislative support for the emergency services which OCLA was entrusted with during the early days of the COVID crisis, when $5.3 million in emergency state and federal funding was allocated to address the surging need for front-line legal aid responders to meet the many civil legal needs affecting people during the COVID-19 pandemic. Those initial funds included limited funding for an eviction defense fund.

'OCLA fast-tracked its efforts to implement the RTC Program immediately following passage of SB 5160' Bamberger said, noting that OCLA actively engaged the courts, court administrators, clerks, legislators, legal aid experts, and others in developing the plan to respond to the eviction crisis facing tenants. 'While the Legislature gave us one year, we now anticipate substantial implementation by October 1st of this year, and full statewide implementation by December 31st.'

The historic Right to Counsel law prioritizes implementation in counties where most evictions occur. State court records document that King, Pierce, Clark, Snohomish, and Spokane counties historically accounted for about 70% of Washington's eviction cases (which are known as 'unlawful detainer' filings). The RTC Implementation Plan submitted by OCLA prioritizes work in those counties, and also(and consistent with legislative directives) ensures active outreach to, education of, and culturally and linguistically meaningful access to RTC assistance for indigent renters most at risk regardless of where they reside in the state.

'Historically, the balance of power in eviction cases has overwhelmingly favored landlords,' observed the bill's prime sponsor, Senator Patty Kuderer. 'By establishing the country's first statewide right to counsel for impoverished tenants, we have created equity in the eviction process. It was crucial to the legislation I proudly sponsored, and I want to thank the Office of Civil Legal Aid for this plan to implement it on an accelerated schedule, as many families will face eviction once the Governor's 'Bridge Proclamation' expires on September 30.'

Upon full statewide implementation, more than 60 attorneys will engage in the full-time defense of tenants in unlawful detainer proceedings in every corner of the state. The Northwest Justice Project, the state's flagship legal aid program, will be the largest provider of RTC services hosting 24 RTC attorneys across the state. OCLA is also contracting with 11 local legal aid Housing Justice Projects that have a demonstrated history of providing effective representation of tenants in eviction cases. As required by the legislation, a statewide Eviction Defense Screening Line will receive requests and refer low-income tenants for court appointment of attorneys.

Tenants who are threatened with eviction should contact the Eviction Defense Screening Line at 855-657-8387 or apply on-line at https://nwjustice.org/apply-online.

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