Court of Appeals Rules That Truants Have Right to Counsel

In a recent decision, Bellevue School District v. E.S., Division I of the Washington State Court of Appeals held that students who are summoned to court as the result of a truancy petition have the right to counsel at the initial court hearing, even if they are not facing potential detention.  This ruling is a clear departure from past practice where students who were deemed truant did not get public defenders unless they faced possible detention.

In King County, the cost for additional defense counsel has been estimated at over $1 million dollars.   The King County Prosecuting Attorney's Office (PAO), with permission from the Bellevue School District, has appealed this decision.

In the meantime, the PAO is working with school districts, the Court, and public defenders to preserve resources and divert truancy cases from court to truancy workshops, where school representatives can continue to work with students and their parents to get kids back in school.

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