M'Lissa was arrested for drug
possession. After the arrest, but prior to the trial, she married Jay.
M'Lissa was convicted for drug
possession and sentenced to 25 days in jail. She filed an appeal. She
asked for a public defender.
In order to get a public
defender, M'Lissa needed to make a showing that she was indigent.
The Trial Judge did not
appoint a public defender. M'Lissa appealed.
The Trial Judge found that
while M'Lissa had no assets, and as a couple the two hadn't amassed any
marital community assets, her husband Jay had plenty of money from before
they were married.
There was no record as to
whether Jay was willing to pay for M'Lissa's lawyer, but he did know
that she had legal trouble when he married her.
The Washington Supreme Court
found that Jay was responsible for his wife's appeal.
The Washington Supreme Court
found that under Washington State law, a spouse is not required to pay
debts their spouse acquired prior to the marriage (aka antenuptial).
However, the Court found
that M'Lissa's debt from her appeal was acquired after marriage (aka postnuptial). There is a distinction between the arrest,
the trial, and the appeal. They are separate actions.
Under Washington State law,
as well as the common-law, spouses are responsible for paying for the necessaries of their spouse.
In this case, the Court
found that a legal appeal counts as a necessary, at least when a spouse's liberty is at
stake.
Traditionally under the
common-law, necessaries have been
found to include things such as food, clothing, medicine, legal services,
and housing. But there was never an exact definition.
