Originally published Monday, January 12, 2009 at 3:50 PM
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Wash. court: truants entitled to lawyer
A Washington state appeals court panel has ruled that students who are accused of chronic truancy are entitled to a lawyer in court.
A Washington state appeals court panel has ruled that students who are accused of chronic truancy are entitled to a lawyer in court.
The unanimous three-judge ruling comes in a case from Bellevue.
It reverses a decision by King County Superior Court Judge Patricia Clark in 2007.
Under a law enacted in 1995, a juvenile with at least seven unexcused absences in a month or 10 in a school year may face a Juvenile Court hearing to compel attendance. Clark upheld a provision that allows the hearing to be conducted without a lawyer for the juvenile.
Appellate Judge Anne Ellington writes that the proceeding "affects the child's rights to liberty, privacy and education." Therefore, Ellington adds, "Due process requires that the child be afforded counsel."
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