Legal Question in Criminal Law in Washington

Re: Must I Testify?

No. See RCW 5.60..060 at http://search.leg.wa.gov/wslrcw/RCW%20%20%205%20%20TITLE/RCW%20%20%205%20.%2060%20%20CHAPTER/RCW%20%20%205%20.%2060%20.060.htm

(1) A husband shall not be examined for or against his wife, without the

consent of the wife, nor a wife for or against her husband without the

consent of the husband; nor can either during marriage or afterward, be

without the consent of the other, examined as to any communication made by

one to the other during marriage.

There are some exceptions, so look at the whole statute; but based on your question, it would not appear the exceptions apply.

You might file a bar complaint against the attorney for doing this (unless you originally agreed to).

Go to court. The statute says the judge must check with you. Even if your husband is not going to show up, make sure he does not give you his approval. Then, if the judge calls you to the stand, say you can't testify (beyond your name and address) until you receive your husband's permission. If on some outside chance the judge requires you to testify, ask him for the opportunity to consult with an attorney first.

GAry Preble

Olympia

360-943-6960