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Out-of-State Licensed Attorney ‘Qualifies as Counsel Under the Sixth Amendment,’ State High Court Concludes in Novel Case

admin by admin
February 9, 2023
in Attorney News


The Washington State Supreme Court explored the meaning of “counsel” as opposed to “effective counsel” for the first time when it considered if an attorney licensed only out-of-state violated two criminal defendants’ constitutional right to counsel while representing them at trial.

The 5-4 majority said that Idaho attorney Robert Van Idour’s representation of Robert Ayerst and Justin Lewis in criminal trials did not violate their Sixth Amendment rights or amount to a structural error—despite the fact that he was not licensed to practice in Washington and he “displayed a shocking disregard for the admission process” in accordance with the admission to practice rules requirements.



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