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Senators hear King County judges, legal aid on rising eviction filings and strain on right-to-counsel program

September 18, 2025 | Legislative Sessions, Washington


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Senators hear King County judges, legal aid on rising eviction filings and strain on right-to-counsel program
Senators on the Washington State Senate Law and Justice Committee heard a multipart briefing on eviction trends and the implementation of the state's appointed counsel program at a meeting in Mill Creek. Judge Michael Scott, chief civil judge at King County Superior Court and president-elect of the Superior Court Judges Association, testified on court caseloads; Philip Knapp of the Office of Civil Legal Aid and Jane Pax of Snohomish County Legal Services spoke about the counsel program and its effects.

Judge Michael Scott said filings for unlawful detainer (eviction) cases have reached historic highs in many counties, with King County among the most affected. "It is approximately'''60 days these days, 2 months," Scott said when asked for the current average time from filing to disposition, clarifying the figure was an average and that delays can be longer if appointing counsel is difficult to secure.

The issue matters because sustained high filing rates can overwhelm court processes and worsen tenants'' housing instability. Scott told senators that filings rose after pandemic-era moratoria ended, that dispositions have increased but in many places have not kept pace with filings, and that King County has used additional judicial resources, including two judges dedicated to unlawful detainer work, to reduce the pending-case backlog.

Philip Knapp, representing the Office of Civil Legal Aid, described the state-appointed counsel program implemented after 2021 changes and operating statewide except for full coverage in King County. "This program has represented over 30,000 tenants since its inception, over 10,000 tenants the last 2 years," Knapp said, adding that the program reaches disproportionately vulnerable tenants: "39% of tenants represented by this program identify as having a disability. 47 percent identify as non white." Knapp said known outcomes show roughly 90% of cases with known outcomes resulted in stable housing and about 60% of represented tenants remained in the same unit.

Knapp warned the committee the program faces a funding cliff. He said the program is "slated to lose $3,000,000 in FY27," and that losing that funding would eliminate roughly 17 attorney positions and leave about 2,000 low-income tenants without legal representation.

Jane Pax, executive director of Snohomish County Legal Services, provided client-level examples to illustrate the program's effect. She described a veteran client who defaulted, had an eviction stayed when the organization intervened, had the case dismissed, and was connected to veteran benefits and other services, including a working phone. "The case was dismissed. Client was able to stay in their home, and we were able to connect them with additional resources," Pax said, noting her office is stretched thin while serving one of the state's counties with high filing volumes.

Committee members asked whether courts or legal-aid groups track what happens to people after eviction; Judge Scott said courts do not have the resources to track post-eviction outcomes and that it would be desirable information for policy-making. Senators also asked about geographic variation; Scott and Knapp said urban counties tend to show the largest spikes but that elevated filings exist in a range of counties and local conditions vary.

Discussion vs. direction vs. decision: The hearing provided data and perspectives but did not produce formal committee action. Presenters described ongoing operational changes (King County assigning additional judges and seeking housing-commissioner appointments) and ongoing policy needs (Knapp's request for supplemental funding to avoid attorney layoffs). No motions or votes were taken during the briefing.

Ending: Committee members asked presenters for follow-up materials; presenters offered reports and a written package to quantify needs and proposed remedies. Knapp pointed senators to a longitudinal report produced with the University of Washington Evans School and to the Office of Civil Legal Aid's program materials for additional data.

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