Limited license legal tech.

TO THE HONORABLE CHIEF JUSTICE AND MEMBERS OF THE WASHINGTON 1
STATE SUPREME COURT: 2
We, your Memorialists, the Senate and House of Representatives of 3
the State of Washington, in legislative session assembled, 4
respectfully represent and petition as follows: 5
WHEREAS, There is currently a noted shortage of attorneys 6
available to fill roles in public defense and prosecution in 7
Washington state, as confirmed by Legislative testimony in numerous 8
hearings, constituent appeals, and as widely reported in the press 9
throughout 2024; and 10
WHEREAS, The shortage of available attorneys is felt in many 11
other areas by low and moderate-income Washingtonians, as confirmed 12
by the Civil Legal Needs Studies from 2003 and 2015, which found that 13
these Washingtonians frequently cannot access or afford legal 14
services; and 15
WHEREAS, Experience in Washington State proves that a portion of 16
this access problem can be ameliorated safely and with adequate 17
client protections and controls by creation of opportunities for 18
expansion of the authorized practice of law; and 19
WHEREAS, Beginning in 2012, this Court established a limited 20
license legal technician program in Washington State to authorize 21
certain persons to render limited legal assistance or advice in 22
approved practice areas of law, and saw the first class of limited 23
S-0449.1
SENATE JOINT MEMORIAL 8006
State of Washington 69th Legislature 2025 Regular Session
By Senators Torres and Hasegawa
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SJM 8006
license legal technician candidates graduate in 2014 with new limited 1
license legal technicians continuing to be eligible for licensure 2
until 2023, provided the candidates had started their educational 3
requirements by June 4, 2020; and 4
WHEREAS, A study by the Public Welfare Foundation in 2017 found 5
that limited license legal technicians in Washington provide 6
significant help in creating access to justice; and7
WHEREAS, Studies by groups such as the Stanford Center on the 8
Legal Profession, Arkansas Law Review, and ABA Standing Committee on 9
Paralegals have written favorable analyses on Washington State's 10
first in the nation limited license legal technician program, noting 11
that it has served as a model inspiring similar programs in states 12
such as Arizona, Minnesota, Oregon, and Utah; and 13
WHEREAS, In April and June of 2020, the limited license legal 14
technician board submitted reports to the Court describing the 15
successes experienced by the program and requesting its continuance 16
and expansion to the new practice areas of administrative law and 17
eviction and debt assistance; and 18
WHEREAS, The Court's decision to instead sunset the limited 19
license legal technician program, issued on June 5, 2020, over a 20
vigorous dissent by Justice Madsen, did not anticipate the acuity of 21
the current crisis in legal representation for low and moderate-22
income Washingtonians; 23
NOW, THEREFORE, Your Memorialists respectfully ask the Chief 24
Justice and members of the Court to: 25
(1) Reverse the sunset of the limited license legal technician 26
program and reinstate issuance of new licenses to qualified 27
candidates; 28
(2) Expand the limited license legal technician program within 29
one year to include authorization for a properly trained limited 30
license legal technician to provide assistance to clients at 31
administrative hearings and to provide eviction and debt assistance, 32
consonant with the 2020 recommendations of the limited license legal 33
technician board; and 34
(3) Form a work group to consider how limited license legal 35
technicians can be used to help meet the needs of individuals charged 36
with offenses in courts of limited jurisdiction, and to instruct that 37
work group to deliver recommendations for expansion of the program 38
into this area within two years. 39
p. 2 SJM 8006
BE IT RESOLVED, That copies of this Memorial be immediately 1
transmitted to the Honorable Chief Justice and members of the 2
Washington State Supreme Court. 3
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p. 3 SJM 8006