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SUPERIOR COURT
A DAC attorney is present in Superior Court at arraignment to represent all felony defendants appearing without an attorney. In-custody felony defendants are screened for DAC eligibility by Pre-Trial Services prior to their arraignment. Defendants summoned for arraignment are screened for DAC eligibility in the courtroom on the day of their arraignment. The files of the defendants determined to be eligible for DAC representation are brought to the DAC offices for processing and attorney assignment. If a defendant is ineligible for DAC representation the court will set a 'return with attorney' hearing to allow the defendant time to retain his own attorney. The defendant and his attorney must then return for the hearing to advise the court. If a defendant has been unable to retain an attorney, the defendant must return on the hearing date and advise the court as to the reasons why he/she has been unable to retain an attorney.
The court may then set another return with attorney hearing to allow the defendant more time to retain an attorney, or the court may appoint DAC to represent a defendant through the remaining Superior Court proceedings.
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JUVENILE COURT
Delinquency: A juvenile is brought to Remann Hall either by subpoena or an arrest. A DAC attorney appears at arraignment to assist all juveniles who are not represented by private counsel. Prior to arraignment, a screening is conducted of the parent/child by Pre-Trial Services to determine indigency status. If the respondent is found to be indigent, a DAC attorney is appointed to provide legal representation through the remaining juvenile court proceedings.
Dependency: Most dependency cases are initiated when a child/children have been removed from the parental custody by Children's Protective Services and a Dependency Petition has been filed with the court by the Department of Social and Health Services. Financially, eligible parents in this situation are entitled to be provided legal representation at state expense.
The first legal proceeding in dependency cases is the Shelter Care hearing and is held within 72 hours of the Dependency Petition being filed or within 72 hours of the child(ren) being removed from the home, whichever occurs first. At the hearing the court will determine a residential placement for the child(ren) at issue and provide direction to parents for determining eligibility for receiving DAC's legal services.
The application process consists of filling out and signing a Determination of Indigency Report. Potential clients are required to provide court documentation and financial information. Should they qualify for DAC representation, they are notified by letter and advised as to which attorney has been assigned to their case.
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DISTRICT COURT
The District Court division of DAC represents indigent criminal defendants facing criminal allegations in Pierce County District Court; as well as Fife, Fircrest, and Gig Harbor Municipal courts.
At the first court appearance (arraignment) the Court will refer an accused requesting court appointed legal counsel to Pierce County Pre-Trial Services Unit to determine financial eligibility, or, in some cases, the Court will appoint DAC to represent. The Pre-Trial Services Unit also interviews all persons who are scheduled for in-custody arraignment. Pre-Trial Services is located at 910 Tacoma Avenue South, 4th Floor, Tacoma. The office hours are Monday through Friday, from 11:00 a.m. to 4:00 p.m. Their phone number is (253) 798-3478. In-custody defendants are screened at the jail by Pre-Trial Services personnel.
If the defendant qualifies for a public defender, DAC will enter a Notice of Appearance. DAC will notify the defendant who the attorney will be and how the client can contact his or her attorney.
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TACOMA MUNICIPAL COURT
When a person is arraigned in Tacoma Municipal Court on a criminal charge, the judge may refer them to be screened to determine eligibility for representation by a DAC attorney. If the person is in custody at the time of the arraignment, they are automatically screened for eligibility by Pre-Trial Services and that paperwork is forwarded to the DAC Office. If the defendant is out of custody at the time of arraignment, they must go to Pre-Trial Services at 910 Tacoma Avenue South, 4th Floor, Monday through Friday, between the hours of 11:00 a.m. and 4:00 p.m. If Pre-Trial Services determines that the defendant meets the financial guidelines for qualification for an attorney, the paperwork is forwarded to the DAC office. Upon receipt of the paperwork, a file is opened, an attorney is assigned, and the client is notified by letter who will be representing them.
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WESTERN STATE HOSPITAL CIVIL COMMITMENT
The Civil Commitment Division of DAC represents clients at Puget Sound Hospital, American Lake VA Hospital, and Western State Hospital. The clients represented are all subject to being involuntarily detained under the provisions of RCW 71.05. This statute allows the State to detain an individual involuntarily if the State can prove the individual (1) suffers from a mental disorder; and (2) the individual is either a danger to themselves, others, or property.
Under the Civil Commitment statute either a police officer or a Mental Health Professional can involuntarily detain a person for up to 72 hours to a locked unit of an 'Evaluation and Treatment (E and T) facility.' In Pierce County, both Puget Sound and Western State meet the statutory requirements of being an 'E and T' facility. A hospital then has 72 hours (not counting weekends and holidays) to decide whether to petition the Court to involuntarily detain the person for the next 14 days. During this 14 day period, the Hospital further 'evaluates and treats' the individual. If the Hospital continues to feel the person needs further hospitalization, the Hospital may petition to detain the person for the next 90 day period. At the end of 90 days the hospital may decide to petition to detain the individual for the next 180 days. The longest period an individual may be held under a court order without another hearing is 180 days.
At the 14, 90 and 180 day hearings, an individual has the right to be represented by an attorney. By contract, the DAC Civil Commitment office is assigned to represent all individuals at these hearings; if an individual has sufficient funds they may hire a private attorney of their choosing.
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