§ 23.3 Definition of Indigency

• Jurisdiction: Washington

§23.3 DEFINITION OF INDIGENCY

Title 15 RAP does not define indigency. RAP 15.2(b)(2) provides that the superior court "shall deny the motion for an order of indigency if a party has adequate means to pay all of the expenses of review." The applicable standard of indigency is found in RCW 10.101.010 and .020, which define as indigent anyone receiving certain public assistance, or who is involuntarily committed, has an annual income of 125 percent or less of the federal poverty level, or is unable to pay the anticipated costs of obtaining legal representation. (If a person is "indigent and able to contribute" to the costs of obtaining representation, the person shall execute a promissory note. RCW 10.101.020(5).)

The trial court has a duty to determine indigency based on the factors in RCW 10.01.020. See State v. Parkes, No. 43225-1-II, 174 Wn. App. 1070 (May 7, 2013) (unpublished) (holding...