economic hardship to Washingtonians, resulting in lost wages and the inability to pay for
basic expenses, such as rent. Id. Lawmakers recognized the continued financial
precariousness of many renters in Washington and the increased likelihood of evictions
that jeopardize renters’ health and safety. Id. Thus, lawmakers intended the 2021
amendments to increase tenant protections and provide legal representation for qualifying
tenants during evictions, among other things. Id.
The right to counsel provision states that subject to the available appropriated
amounts, “the court must appoint an attorney for an indigent tenant in an unlawful
detainer proceeding under this chapter and chapters 59.12 and 59.20 RCW.” RCW
59.18.640(1). OCLA is responsible for implementing the law. Id. The statute defines
“indigent” as any person who, at any stage of a court proceeding, is receiving certain
types of public assistance or receiving an annual income after tax of 200 percent or less
the current federal poverty level. RCW 59.18.640(2). The statute took effect in the
spring of 2021. LAWS OF 2021, ch. 115, § 8.
To implement RCW 59.18.640, this court adopted SPR 98.24W, effective October
31, 2023. SPR 98.24W applies to individuals qualifying for an attorney at public expense
under .640. The rule contains two subsections: (1) if a tenant appears in court without an
attorney, the court shall inform the tenant that if they are indigent, they have a right to
counsel, and the court shall continue the hearing so that counsel may be obtained, and (2)
7
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Sangha v. Keen et al., No. 103332-0
if a tenant is unrepresented and a judgment was entered (such as default), the tenant may