A Washington protection order generally must state the date when it expires. If the order is to be permanent, the court should set its expiration date at 99 years from the date it is issued. RCW 7.105.310(5). A former wife recently appealed an order purportedly clarifying the expiration date of…
The Fifth Circuit recently considered a case in which a university student alleged the university violated his constitutional rights and Title IX with regard to an arrest, search, and the resulting disciplinary proceedings against him. According to the court’s opinion, the plaintiff had been a student at a public university…
In a recent case, the Washington Supreme Court considered whether the court rule and statute related to juvenile bench warrants can be harmonized. Upon a guilty plea to fourth degree assault in March 2022, the juvenile was sentenced to seven months’ community supervision with a number of conditions. The state…
Property divisions and child custody in a Washington divorce can be contentious. In a recent case, the former husband requested supplemental findings after the wife appealed the property division and residential schedule. The appeals court vacated the supplemental findings and determined the trial court had erred by awarding property that,…
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. The Washington State Constitution provides additional protection, with article I, section 7 protecting individuals from disturbances into their private affairs without authority of law. The Washington Supreme Court recently determined that the administrative booking procedure used in…
In a recent case, the Fifth Circuit affirmed summary judgment in favor of a school district in a Title IX case against it, concluding other students calling the plaintiff “gay” and other names over the period of a few weeks was not severe enough to be actionable. The plaintiff had…
Both the Fourth Amendment to the U.S. Constitution and article I, section 7 of the Washington State Constitution require probable cause for a search warrant to be issued. Evidence obtained from an illegal search must be suppressed. State v. Betancourth. Even if a search warrant was obtained, evidence seized pursuant…
The Fifth Amendment to the U.S. Constitution and article 1, section 9 of the Washington State Constitution both protect an individual’s right against self-incrimination. A person may, however, be compelled to answer if they are protected from the use of their answers and evidence derived from them in any subsequent…
Spousal maintenance can be a contentious issue in some Washington divorces. In Washington, a court may order spousal maintenance in a divorce case in the amount and for the amount of time “as the court deems just,” after it considers the relevant factors. RCW 26.09.090 sets forth a non-exhaustive list…
The right to cross-examine the complainant in Title IX disciplinary proceedings has been a controversial issue for several years. In a recent case, a New York appellate division annulled a determination that an accused student should be suspended after the decision-maker relied upon the complainant’s statements in making its determination…