An Overview of Legal Aid in Washington County
Legal aid is a system of providing counsel to those who cannot afford a lawyer. In the State of Oregon, legal aid organizations serve the interest of local residents by ensuring that all members of the community have access to the legal services they need to ensure public safety and protect vital rights. With so many residents living below the poverty line, legal aid services are an important means of providing assistance to people in many different circumstances. From landlord/tenant disputes to questions regarding paternity, estate planning, divorce, and access to health care, many individuals simply lack the legal information required to ensure that their interests are protected. Legal aid services provide critical support to our community by keeping legal knowledge and information free from the influence of financial resources . Many believe that legal aid is only available to those who truly cannot afford to hire help, but that is not entirely accurate. Under state and federal law, legal aid organizations must provide services to those who qualify either financially or through legal need. Financially, individuals who qualify are at or below 125% of the Federal Poverty Level income guidelines and do not have substantial savings or assets in excess of $10,000. Additionally, legal need is based on one’s inability to obtain sufficient assistance through other means, such as pro bono services, or because critical time where intervention is required may result in damage that cannot be recovered if individuals wait to hire a more qualified attorney once they have the funds to do so.
Categories of Legal Aid Services
Washington County offers a number of different legal aid services for those in need of assistance. These services are broken up by category, and residents can contact any of these organizations to seek help with their issues.
For individuals who need assistance with family law, the Washington County Bar Association supports a Pro Bono Family Law Service (PBFLS) program. PBFLS helps with issues touching upon: QLaw Seattle assists LGBTQ individuals with family law considerations including dissolution, paternity, child custody/parenting plans, child support, property division, spousal maintenance, domestic violence protection orders, and legal name changes. They can also assist with dissolution or paternity actions for individuals who are not married but have children together and common-law marriages for persons who reside in a state that recognizes them.
The Sno-Valley Senior Center provides legal aid information and referral services. The offices of the Sno-Valley Senior Center also provide and help coordinate access to a free legal clinic in Carnation through the King County Bar Association.
The King County Bar Association provides a number of free legal service clinics throughout King County. They also support the Sno-Valley Senior Center and help coordinate its free legal clinic in Carnation.
The King County Bar Association’s Housing and Eviction Clinic provides personal, one-on-one information and advice on landlord and tenant issues to King County residents. They also provide information on landlord/tenant and fair housing law. This clinic is held in Seattle in partnership with the Maleng Regional Justice Center every Tuesday from 2 p.m. to 5 p.m.
If you have an issue about which you believe you’d need to attend court, the American Civil Liberties Union (ACLU) volunteers with Kitsap County Legal Services to offer free civil legal services in a wide variety of cases. Bellwether Housing also offers housing legal services and general background information on their counseling center page. Kin On offers free or little-cost legal services to older adults.
Evictions are a very serious issue that many low-income families face. Legal Aid of Washington County has a branch office in Wenatchee that can provide limited legal assistance in eviction proceedings. They also list the Wenatchee Legal Clinic, the Wenatchee Benevolent Association Law Clinic, Legal Voice, and Sno-Valley Senior Center as legal clinics that may be able to assist with housing issues.
Programs for emergency assistance in the Wenatchee Valley include housing, food, and clothing. Legal Aid of Washington County can help you with your housing issues. If you need other assistance, call the Wenatchee Valley Salvation Army.
Eligibility for Legal Aid
Like many other states, Washington has established income and asset guidelines that help determine the eligibility of applicants for free legal aid. The federal guidelines that cover the 48 contiguous states are also valid across the district of Columbia, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam and the Northern Mariana Islands. Their published rules that concern income and assets must be followed by the Washington representatives who are responsible for offering advice, guidance and even representation to eligible persons throughout the region.
For those with income, which exceeds 125 percent of the income guidelines that apply to their respective states, no coverage of any kind will be granted. Those residents who are found to have household income that lies somewhere between 125 percent and 200 percent of the poverty guidelines may be assisted on a limited basis. Eligibility is based on the household income and assets at the time of the application.
Household members can be only those persons who are related to the applicant. Children who are not living in the same dwelling may be considered a separate household. Those who do not pay bills, but are included on the tax returns, are counted as dependents.
The income guidelines are published each year by the U.S. Department of Health and Human Services (HHS). The federal government maintains a level of responsibility for the jurisdiction of its offices, so annual adjustments in the 48 contiguous states and Washington D.C. are made to match the HHS poverty guidelines.
There are a few exceptions to the income limits. When the costs of representing a client are substantially higher than those covered by public funds, an exception may be made. Other instances where financial guidelines are relaxed are where a return will be filed on behalf of a minor, someone over 12 or because an applicant is married and living with his or her spouse.
Washington taxpayers should file separate returns if doing so results in a lower total tax liability under the state’s tax code. For married couples, both spouses are subject to the same qualifications. In cases where one spouse qualifies for assistance and the other does not, the household income liability guideline is based on the higher of the two incomes.
Applying for Legal Aid
To apply for legal aid services in Washington County, the first step is to contact a local law office that provides these services for residents. Legal aid resources are available in every state for every county. In Washington County, as in most of the state, the easiest way to apply for services is to call the legal aid offices directly. There may be an online form; however, calling is the most commonly utilized method.
The phone number for the Washington County office is 503-640-4115. You can apply for services in person at the law office if you prefer. Another option is to send an email to [email protected] to request assistance. You can also apply by fax through the Washington County office by sending your information to 503-648-9060.
When you call to begin the application process, be prepared to provide your income and expense information to determine whether you qualify for legal aid services. Find out when the attorney office hours are so that you don’t have to get up too early or stay too late. Don’t be afraid to ask questions about the process, but expect the staff to be busy and suggest that you come back during business hours.
The hours generally are from 8 in the morning until 5 in the evening, but they vary by office. If you contact the main legal aid office outside of Washington County, the staff person will help find the office closest to you. The entire process of applying for legal aid is not difficult but sometimes takes time since the offices get busy.
Agencies and Resources
The Oregon State Bar provides a wide range of resources for Washington County residents seeking legal aid, including information on pro bono programs, funds for lawyers to represent low-income clients, and more. For additional information: osbar.org
Legal Aid Services of Oregon is a statewide non-profit organization housing a statewide legal aid hotline (1-800-452-4777) that can assist residents of Washington County in identifying and accessing local services and resources. For more information: lasoregon.org
Community Action Organizations in Oregon serve the low-income community. Community Action serves Washington County with a variety of programs to alleviate the causes and effects of poverty in our community by providing a variety of services to help low-income people attain economic self-sufficiency. For more information: caowashington . org
The District Attorney’s Office Victim/Witness Unit offers a referral program to all victims of domestic violence, sexual assault, or stalking to help connect them with the services best able to assist them. They work with other community organizations that provide medical, pscyhological, and legal services. For more information: co.washington.or.us
The Oregon Crime Victims’ Law Center provides free legal services to crime victims in Oregon. Oregon Crime Victim’s Law Center is a nonprofit law firm that provides pro bono legal services to crime victims in Oregon on issues that are related to the crime against them. In Washington County, OCVC provides representation to victims in defense of 40 local restraining order denial cases. OCVC also provides limited scope representation to victims regarding compensation matters and other crime victim issues. For more information: oregoncvlc.org
Stories of Success: Legal Aid in Action
The importance of legal aid services goes beyond the availability of advice on an important matter such as immigration or an appeal after a denial. Legal aid can literally change the lives of those who receive it.
There are a number of success stories in the Washington County area, including:
One man, Cristian Feliciano, illustrates how legal aid services can improve lives. His story starts six years ago, when his wife, who was a permanent resident, sought her U.S. citizenship. Her application approval arrived a few years later but did not include Cristian’s name as a spouse. Without a valid Social Security number, Cristian was able to work but could not get a driver’s license. Cristian, a Washington County resident, went in search of help for his situation and turned to the Neighborhood Legal Services Program (NLSP). Licensed attorney ALFONSO QUIÑONES helped Cristian and his wife file a joint petition for citizenship, which was approved by the San Francisco Immigration Court in August 2019. Cristian is proud to have citizenship now. Others, like Seattle residents benedict and Remedios Lumagan, faced discrimination when their landlord tried to evict them. Their housing was affordable, and Remedios said they "were happy whenever there is food to eat, and we can pay the rent." But their landlord attempted to force them out anyway. The couple turned to the Northwest Justice Project, and they were assigned lawyer Peter Gallagher to represent them in their eviction case. In the end, the Lumagans retained their affordable housing. They later said they appreciated Gallagher for being on their side and fighting for them. These are only two of the many success stories that illustrate the need for legal aid services in Washington County and beyond.
Limitations and Challenges
While the benefits of legal aid services are clear, there are inherent challenges and limitations within Washington County’s system as well as state and federal funding.
"The American Civil Liberties Union (ACLU), the Committee on Justice and the Pennsylvania Bar Association have been behind this pretty seriously for a number of years in terms of getting money into the budget," Eger said. "There have been several times where it’s been in the Pennsylvania budget, but then, at the last minute, it was yanked out."
While the immediate benefit of programs such as the one proposed by Montgomery County is the increased availability of free legal assistance to citizens of Washington County, that assistance also depends on the continued support of local, state and federal governments.
Delays in funding could delay potential services and lead to a lack of financial support for legal aid services, such as those proposed. Funding issues at the state level, such as the lack of agreement on a state budget this past summer, could also affect a Washington County service.
"If they do not sign off at the state level on the budget, then that could be detrimental, because that funding does help fund not only us, but all of the civil legal aid in Pennsylvania in enabling us to not only maintain the current level of services, but also to possibly extend or enhance those services," Eger said.
State funding for civil legal aid has been approved by the state legislature at a former level of $2 million, creating 20 grants of $100,000 each. However, due to state revenue shortfalls, that money was cut.
"The cuts across the board have been very deep, and so right now we’re living with the expectation that there will be no state funding," said Elaine M. Garrison, MCAP chairwoman and executive director of the Women’s Center of Montgomery County.
The ACLU recently filed a federal lawsuit against Governor Corbett on behalf of a group of approximately 850 indigent defendants seeking vouchers for private representation in criminal cases. According to the lawsuit, the inadequacy of the current public defender system forces counsel to handle approximately 100 cases at a time.
The state Supreme Court approved the release of $25 million in funds to expand public Defender offices, the system used in many other states. This funding will enable the state’s public defenders to create new offices or hire more employees.
The Path Ahead for Legal Aid in Washington County
As Washington County continues to assess and respond to the evolving needs of its residents, the future of legal aid services is expected to incorporate more robust programs and funding structures. Planned among the initiatives is a potential increase in collaborative efforts with nonprofit organizations, government agencies, and educational institutions. These partnerships may prove beneficial in expanding access to legal assistance for vulnerable populations.
Legislation that affects the funding and organizational structure of legal aid services may also be on the horizon. As lawmakers and officials continue to study the budgetary needs of legal aid organizations, provisions aimed at securing funding for these services could warrant an amendment to the current state funding processes. In particular, there are calls to establish dedicated funding streams through taxpayers’ contributions , grants, or community fundraising initiatives. Such funding could lead to better legal support infrastructure, improved access to legal services, and expanded outreach to low-income families.
Furthermore, Washington County is also slated to continue its coordinated strategic planning for the delivery of civil justice services. One of the expected enhancements to these strategic plans is the evaluation of the effectiveness of current legal aid delivery systems. Such evaluations will translate into service improvement initiatives by enabling providers to make informed decisions based on tested and actionable data. Additionally, improvements in technology are expected to result in increases in online resources and virtual consultations, which will provide greater flexibility and accessibility to those in need of legal aid.