The indigent tenant right to counsel and corresponding court rules provide further
support. RCW 59.18.640(1) requires the appointment of counsel for indigent tenants.
SPR 98.24W(1) requires appointment of counsel for a “tenant [who] appears without an
attorney.” (Emphasis added.) The rule anticipates a hearing at which the unrepresented
tenant appears in person because it requires the court to (a) advise the tenant of their right
to counsel, (b) refer the tenant for eligibility screening, and (c) continue the hearing for
appointment of counsel. SPR 98.24W(2) also provides a path to obtain counsel for
unrepresented tenants if the court issues a writ of restitution before judgment or by
default. The construction of this rule reflects RCW 59.18.365(3). Where tenants appear
in court without an attorney, the court “shall” inform the tenant of their right to counsel if
indigent. SPR 98.24W(1); RCW 59.18.365(3).
2
RCW 59.18.365(1) was also amended in 2020 to identify the Northwest Justice Project as a
legal resource for low income plaintiffs. LAWS OF 2020, ch. 315, § 4.
11
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Sangha v. Keen et al., No. 103332-0
Read together, the statutory summons provision, indigent tenant right to counsel,
and court rule explain that a response is required and a tenant may comply by submitting
a written notice of appearance. If, however, a tenant fails to respond, or fails to appear at
a show cause hearing or other unlawful detainer proceeding, and a judgment is taken
against them, such tenants may request appointment of an attorney prior to execution of
the writ. SPR 98.24W(2); RCW 59.18.365(3). This latter circumstance recognizes that