Opinion

Carter v. University of Washington

  • 85 Wash. 2d 391
  • 536 P.2d 618
  • 1975 Wash. LEXIS 895
Court
Washington Supreme Court
Filed
Jun 5, 1975
Status
Published
Author
Utter
On the bench
Finley, Hunter, Wright, Horowitz, Utter, Brachtenbach, Stafford
Cited by
24 cases
Authority
More cited than 4.8%

Overruled in part by Housing Authority v. Saylors, 87 Wash. 2d 732 (1976)

Const, art. 1, § 12 precludes barring a bona fide indigent from the courtroom who has a claim with probable merit by requiring a filing fee and a bond

How later courts described this case

  • Const, art. 1, § 12 precludes barring a bona fide indigent from the courtroom who has a claim with probable merit by requiring a filing fee and a bond
  • appellate court docket fee and cost bond

Written by the judges who cited it.

Later courts went against this

  • Overruled in part by Housing Authority v. Saylors, 87 Wash. 2d 732 (1976)

    Carter v. University of Wash., 85 Wn.2d 391, 393-94, 536 P.2d 618 (1975), overruled in part by Housing Auth. v. Saylors, 87 Wn.2d 732, 741-42, 557 P.2d 321 (1976).
    Washington Supreme CourtNov 18, 19763 citing opinionsin partRead it
  • Overruled on other grounds by Ford Motor Co. v. Barrett, 115 Wash. 2d 556 (1990)

    Carter v. University of Wash., 85 Wn.2d 391, 398, 536 P.2d 618 (1975), overruled on other grounds by Ford *381 Motor Co. v. Barrett, 115 Wn.2d 556, 800 P.2d 367 (1990).
    Washington Supreme CourtNov 15, 19902 citing opinionsother groundsRead it

The opinion

Utter, J.

(concurring) — I concur in the result of the majority and its reasoning insofar as it discusses Const. art. 1, § 4 and Const. art. 1, § 12. We are free to apply a less restrictive interpretation to these sections of our constitution than the United States Supreme Court did in discussing the due process and equal protection clauses of the Fourteenth Amendment in Ortwein v. Schwab, 410 U.S. 656 , 35 L. Ed. 2d 572 , 93 S. Ct. 1172 (1973). See Robinson v. Cahill, 62 N.J. 473 , 303 A.2d 273, 282 (1973), modified on grounds not here applicable, 63 N.J. 196 , 306 A.2d 65 (1973). In addition, the waiver of the cost bond in this case will affect an agency of the state and as such, its cost, if any, will be shared by all the people of the state.

Horowitz, J., concurs with Utter, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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