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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

Prosecutor Discretion to Seek Resentencing (5.2012)

This Practice Advisory discusses SB 6164, the 2020 legislation creating a new procedure for prosecutors to seek resentencing in felony cases.

Misdemeanors That Impact Felonies and Felony Sentencing (1.2020)

Necessity Defense (10.2010)

Bail Reform Resources and Support for Motions for Pretrial Release (01.2020)

The WDA Practice Advisory discusses the important reasons underlying pretrial reform and include resources produced by the WSBA Committee on Public Defense (CPD) in November of 2019. Also included are arguments defenders can use t...

The Involuntary Treatment Act Procedure for Non-ITA Practitioners (11.2019)

This Practice Advisory explains the two ways a person may be committed for mental health treatment pursuant Involuntary Treatment Act (ITA); what follows from a commitment, and the consequences of commitment including the loss of ...

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 (1.31.2020)

This document includes a summary of US and WA cases and WA 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.