I just read the Washington State Supreme Court holding that indigent persons have no constitutional right to a court-appointed attorney in divorce and custody cases. I am outraged at a legal system which victimizes poor people.

After 10 years of marriage, Michael King sued Brenda for divorce and also sought custody of their three children. Brenda had no funds to pay for attorney representation at the trial despite applying to legal aid societies which could not find a pro bono attorney.

Brenda, a ninth-grade drop out, attempted to act as her own attorney but had difficulty presenting her version of disputed facts. She found herself enmeshed in a legal maze which she didn't comprehend and was not equipped to challenge Michael's seasoned attorney.

The outcome was inevitable. The family court awarded primary custody to Michael who could make all decisions regarding the children. I was even more offended by the judge granting Brenda non-supervised visitation on alternating weekends, four weeks each summer and school spring break in odd-numbered years.

After an outpouring of criticism, pro bono attorneys appeared and filed an appeal to the Supreme Court, asking for a new trial, claiming denial of due process of law. Unfortunately in the U.S. there is no constitutional right to a state-appointed attorney for indigents in non-criminal cases.

I'm trying to understand why the father was granted primary custody since there was no evidence that Brenda was an unfit mother. There was evidence that Michael's employer ordered him to take anger management classes because of threats he had made.

The court's decision explains divorce as a private matter in which the state was not involved. I disagree vehemently. States authorize civil marriage and control the dissolution of marriages through state established courts. The obstacles Brenda experienced were factors imposed by the state. The state did have a role in taking away children from this mother. These state procedures had grave consequences because she is poor and couldn't afford representation in a state-sanctioned legal system.

Click here for more.