Facts: The state of Washington initiated an action pursuant to Washington Revised Code §13.34.180 in the Superior Court for Pierce County seeking to terminate the parental rights of Clayton Hall with regard to his son. The trial court subsequently determined that the state had carried its burden of proof and ordered the termination, leading Hall to appeal the court’s decision to the Washington Court of Appeals. After reviewing the case, Hall’s appointed attorney sought to withdraw at that point, concluding that any appeal would be frivolous. The issue of whether the withdrawal was proper was then certified to the Supreme Court of Washington.

Question(s): Were the conditions for the withdrawal of appointed counsel established in the United States Supreme Court’s decision in Anders v. California met in Hall’s case?

Conclusion: Justice Utter’s opinion for a unanimous Court concluded that the attempt by Hall’s attorney to withdraw had been improper. In particular, Hall’s attorney did not properly attempt to notify Hall and her brief was insufficient in terms of explaining her reasons for withdrawal. Moreover, not only had the procedures demanded by Anders not been followed, the Court held that absent client consent, withdrawal of counsel is never permissible in child deprivation proceedings pursuant to §13.34.180 insofar as the ability of respondents in such proceeding to raise potentially meritorious issues would be compromised by withdrawal of counsel to an even greater extent than withdrawal of counsel in criminal cases. Nonetheless, the Court affirmed the trial court’s decision, holding that there was sufficient evidence to support the decision.

Docket No. 49036-8

Petitioner: Clayton Hall

(Counsel: Mary Opgenorth)

Respondent: State of Washington

(Counsel: Kenneth O. Eikenberry and Byron L. Brown)

Decided: Thursday, June 16th, 1983

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Opinion: 99 Wn.2d 842 (1983)

Court: Williams1 Court (1983-1984)

Williams

Rosellini

Stafford

Utter

Brachtenbach

Dolliver

Dimmick

Dore

Pearson