Advisory Opinion: 1463

Year Issued: 1992

RPC(s): RPC 1.2; 1.4; 3.3

Subject: Decisionmaking authority; waiver of speedy trial right in juvenile proceeding without client's permission

The Committee reviewed your inquiry regarding waiver of an absent juvenile defendant's speedy trial rights. The Committee is of the opinion that pursuant to Rules 1.2 and 1.4 of the Rules of Professional Conduct, a lawyer has a duty to consult with a client if possible. If it were not possible because the client had never contacted the lawyer and was absent from the court appearance, the lawyer must make inquiry of the court whether the client had received notice to appear. That is required by CrR 3.3. If so, then the lawyer must use his or her best judgment whether it is in the client's best interest to waive the speedy trial right.

The Committee also directed me to remind you of your obligations of candor toward the tribunal as set out in RPC 3.3.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.