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

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.


Juvenile or Young Adult Specific Jury Instruction (08.2019)

This Practice Advisory discussed the law and strategy for seeking juvenile or young adult specific jury instructions. Thanks to Ryan McGowan, WDA Legal Extern.


Child Hearsay with 2019 Legislative Update (8.2019)

This advisory discusses the admission of out of court statements by children pursuant to the Child Hearsay statute, RCW 9A.44.120.


Preparing Your Client with Accommodations Needs for DOC (8.2019)

This advisory discusses basic information about the transition to DOC to serve a prison sentence and offers tips for attorneys representing clients with medical, mental health or intellectual disability in need of accommodation.


2019 Legislation Impacting Felony Practice (8.2019)

This 2019 WDA Practice Advisory includes the 2019 legislation that impacts felony practice.