Tag Archives: ZZ: Bellevue Sch. Dist. v. E.S.

Bellevue Sch. Dist. v. E.S., No. 83024-0 (Wash. Jun. 9, 2011)(Concurrence) (Dissent)

We are asked to decide whether the due process clause of the Fourteenth Amendment to the United States Constitution or the due process clause
set forth in article I, section 3 of the Washington Constitution requires appointment of counsel to represent a child at an initial truancy hearing.
The Court of Appeals, Division One held that due process protections compel appointment of counsel at that stage of a truancy proceeding. We hold that the Court of Appeals erred in making that determination and, therefore, reverse its decision . . .

For reasons set forth above, we hold that the Fourteenth Amendment to the United States Constitution does not require that appointed counsel represent a child in an initial truancy hearing. We conclude, additionally, that in this context the Gunwall factors do not support an independent inquiry under article I, section 3 of the Washington Constitution. The Court of Appeals is reversed.