Practice Advisories

WDA staff and the resource attorneys have created practice advisories on issues relevant to indigent defense. These documents are in Word format and you are encouraged to cut and paste them into your motions and other documents.

If you have an issue that you feel we should prepare an advisory on, let us know. If you have prepared practice advisories and would like to submit one for publication to the indigent defense community, please contact staff for publication to our data base.

As with all resources, WDA attempts to keep these documents current, but it is your responsibility to check the law for changes.

Here are the main subcategories for our Practice Advisories.


Below are the most recently updated documents and links in all practice advisories categories

Washout- Offense Prior to June 13, 2002 (2012)

This advisory discusses the rule of "washout" under the SRA for current offenses that occurred prior to June 13, 2002.


Washout – Felony/SRA (2012)

This WDA Practice Advisory discusses "washout" under the SRA, the rule that provides that some prior convictions do not count in the offender score if an individual has spent the required amount of time in the community. This advi...


Miller Timeline (10.29.19)

This is a long summary of cases and legislation relating to fair and constitutional sentencing of youth and young adults.


NGRI – Release Following (10.2019)

This Advisory discusses the procedure for seeking conditional or final release following acquittal by NGRI and commitment following. It also includes the process for revocation of an NGRI conditional release.


Affidavit of Prejudice (2.2009)


Outrageous Governmental Conduct (10.2019)

Thanks to WDA Legal Intern Ryan McGowan, 3L. See also the related WDA Practice Advisory on CrR/CrRLJ 8.3(b) Motion to Dismiss.


CrR/CrRLJ 8.3(b) Motion to Dismiss (10.2019)

Thanks to WDA Legal Intern, Ryan McGowan 3L. See also the related WDA Practice Advisory on Outrageous Governmental Conduct.


Competency- Contesting Misdemeanor Restoration (6.2019)

This practice advisory discusses the procedure for contesting misdemeanor restoration and the use of forced medication in misdemeanor restoration. It includes updates from the 2019 legislation, ESB 5444.


Obstructing a Law Enforcement Officer


Pretrial Release in Superior Court and Courts of Limited Jurisdiction

This advisory discusses CrR 3.2 and CrRLJ 3.2, arguments for pretrial release, possible conditions of pretrial release, and bail.