Wednesday, September 09, 2015
You Have The Right To A Lawyer - You Just Do Not Have The Right To A Meaningful Discussion!
In Washington the rule of law comes from various places. The constitutions (Federal and State), Case law, Statutes, Washington Administrative Code (WAC), and Court Rules. Court rules are rules that govern the procedures of Courts of all levels, from City Municipal Courts all the Way to the Supreme Court. A court rule is a rule that the Supreme Court has either created or revived and adopted after much consideration. In this instance, the rule that the Supreme Court created, was at issue - Criminal Rule For Courts Of Lower Jurisdiction (CrRLJ) but the same rule is found in Superior Court Rules under the same chapter, 3.1. The rule is as follows:
( 1) When a person is taken into custody that person shall immediately be advised of the right to a lawyer. Such advice shall be made in words easily understood, and it shall be stated expressly that a person who is unable to pay a lawyer is entitled to have one provided without charge.
(2) At the earliest opportunity a person in custody who desires a lawyer shall be provided access to a telephone, the telephone number of the public defender or official responsible for assigning a lawyer, and any other means necessary to place the person in communication with a lawyer.
See CrRLJ 3 .1.