Miranda v. Sims ( 2000 )

Ellington, J.

(concurring) — I agree with appellants that the right to access to the courts is fundamental to our system of justice. Indeed, it is the right “conservative of all other rights.” Chambers v. Baltimore & Ohio R.R., 207 U.S. 142, 148, 28 S. Ct. 34, 52 L. Ed. 143 (1907). I also agree with appellants that meaningful access requires representation. Where rights and responsibilities are adjudicated in the absence of representation, the results are often unjust. If representation is absent because of a litigant’s poverty, then likely so is justice, and for the same reason.

As the majority cogently points out, however, this case does not involve an adjudication of rights or responsibilities. I therefore concur in the result.

The majority also is correct that our state supreme court has not viewed the right of access as carrying a right to representation at public expense in the absence of statute, unless fundamental liberty interests are at stake in the litigation. See In re Dependency of Grove, 127 Wn.2d 221, 237, 897 P.2d 1252 (1995). While I would urge a broader view of the circumstances which call for representation at public expense (see, e.g., Housing Auth. v. Saylors, 87 Wn.2d 732, 744, 557 P.2d 321 (1976) (Horowitz and Utter, JJ., dissenting)), this case does not present those issues.

Review denied at 141 Wn.2d 1003 (2000).