The privilege described in RCW 43.06A.060 does not apply when:

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Terms Used In Washington Code 43.06A.080

  • Allegation: something that someone says happened.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The ombuds or ombuds’s staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;
(2) The ombuds or a member of the ombuds’s staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk;
(3) The ombuds has been asked to provide general information regarding the general operation of, or the general processes employed at, the ombuds’s office; or
(4) The ombuds or ombuds’s staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children’s ombuds or any volunteer in the ombuds’s office, to comply with RCW 26.44.030.

NOTES:

SeverabilityEffective date1998 c 288: See notes following RCW 43.06A.020.