Advisory Opinion 2185.

• Case Date: January 01, 2008
• Court: Washington

Washington Ethics Opinion 2008. Advisory Opinion 2185. January 1, 2008Advisory Opinion: 2185Subject: disclosure of dependency case results Opinion: I. BACKGROUND The inquiring lawyer is a member of a defenders association (`Association'). Because her inquiry succinctly summarizes the context of her question, her inquiry follows in its entirely for ease of reference: "The County Office of Public Defense (`OPD') contracts with several not-for-profit public defender agencies, including the Association, to provide legal services to indigent individuals who are guaranteed the right to counsel. The County provides appointed counsel to parents and to children over age 12 involved in dependency cases, in which the State seeks to restrict or terminate parental custody. Dependency hearings are open to the public, but dependency court files are sealed. "OPD has asked the defender agencies and their staff attorneys to provide certain information about dependency cases in which agency attorneys represent either a parent or a child: the names, cause numbers and results (including whether the child has been found to be dependent and whether parental rights have been terminated). Information in the possession of OPD is subject to the provisions of Washington's Public Disclosure Act, RCW 42.56.030 and .070. "My concern is this: Would compliance with OPD's request inappropriately require attorneys to provide `information relating to the representation of a client' protected under Rule of Professional Conduct 1.6? I have circulated the issues set forth below to the other public defender agency directors and to OPD. Other directors or OPD may have additional questions or may have additional information to present to the Committee. "Issues: Is the result in a dependency case that is sealed under RCW 13.50.100 information relating to the representation of a client under Rule of Professional Conduct 1.6? 2) May the attorney, or the attorney's supervisor, provide the names, cause numbers and results in such cases to OPD? 3) If there is a prohibition against supplying this information does it apply to all cases, or only those with sealed records?" As noted, the inquirer shared her inquiry with OPD. OPD's response includes a discussion of the Washington Public Records Act and the WSBA Standards for Public Defense. We note that the Committee's authority...