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J. L., a Child v. Kate Halamay, et al.

Paid petition · Court of Appeals of Washington, Division 1, No. 76929-4-I, 78829-9-I · judgment April 14, 2020


Certiorari denied · May 24, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the Washington Supreme Court and the Washington Court of Appeals violate the Americans with Disabilities Act by refusing to allow an attorney to represent a mentally or cognitively disabled person because the person’s disability precludes them from providing legal direction or informed consent?

  2. Did the Washington Supreme Court and the Washington Court of Appeals violate a mentally or cognitively disabled person’s right or privilege to an attorney under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution by refusing to allow an attorney to appear on behalf of that person because that person is unable to provide informed consent or legal direction to an attorney?

Counsel of record

For petitioner
James Carl Daugherty
James Daugherty Attomey PLLC

For respondent
Todd Wesley Reichert
FAVROS Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 24 2021
    Petition DENIED.
  2. May 04 2021
    DISTRIBUTED for Conference of 5/20/2021.
  3. Apr 29 2021
    Waiver of right of respondent Kate Halamay, et al. to respond filed.
  4. Apr 02 2021
    Petition for a writ of certiorari filed. (Response due May 28, 2021)