34 Gonz. L. Rev. 329 (1998-1999)
Providing Equal Justice for the Domestic Violence Victim: Due Process and the Victim's Right to Counsel

handle is hein.journals/gonlr34 and id is 337 raw text is: Providing Equal Justice for the
Domestic Violence Victim:
Due Process and the Victim's
Right to Counsel
Lisa E. Martin*
TABLE OF CONTENTS
I. INTRODUCTION  .....................................      330
II. THE FACTS ABOUT DOMESTIC VIOLENCE AND THE VICTIM'S
NEED  FOR COUNSEL  .................................      331
Ill. CONSTITUTIONAL BASES SUPPORTING THE DOMESTIC
VIOLENCE VICTIM'S RIGHT TO COUNSEL .................. 336
A. Due Process of Law  ..............................     336
1. Substantive Due Process  ........................  337
a. Fundamental Right or Interest .................. 338
b.  State  Action  ...............................  341
c. Compelling State Interest ..................... 343
2. Procedural Due Process  .........................  344
3. The Right to Counsel in Quasi-Criminal and
Other Civil M atters  ............................  348
B.  Access to  the  Court ...............................  354
IV. ETHICS AND ACCESS TO JUSTICE ........................ 357
V. CONCLUSION   ......................................       359
The vibrancy of our Democracy depends upon our willingness to
ensure that the fullest range of voices and interests is represented
and heard. This is what the fight for equal justice is all about. '
*   J.D., Gonzaga University School of Law, 1999; B.A., Universityof Arizona, 1991.
The author wishes to thank James Bamberger, Statewide Coordinator for Columbia Legal
Services, for his ideas and valuable insight on access to justice for domestic violence victims.
Thank you also to Cheryl Beckett, Director of Legal Research and Writing at Gonzaga
University School of Law, for providing me with her legal writing expertise and guidance.
Special thanks to Chris Veley and to my parents for all of their support and patience while
I was putting this Comment together. This Comment is dedicated to all domestic violence
victims in hopes that it will help them to receive the legal representation and justice they
deserve.
1.  Final Report of the Pro Bono and Legal Aid Committee of the Washington State
Bar Association to the Board of Governors of the Washington State Bar Association, May 1,
1998, at 1 (quoting Hon. Robert F Utter, Washington Supreme Court, Ret.).

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