February 2007
Public Defense: Guaranteeing Justice for All
by Chief Justice Gerry L. Alexander
In 1963, the United States Supreme Court issued its decision in the famous case of Gideon v. Wainwright. In that opinion, the court declared that indigent persons accused of a crime possess a constitutional right to be effectively represented by an attorney. More than 40 years after Gideon, Washington is making a substantial effort to firm up existing structures and obtain the funding necessary to fully meet the promise of that landmark decision.
This issue of Bar News focuses on the present status of our state's public-defense system. In 2004, the inadequacies of the system were revealed on four different fronts. That year, the Supreme Court's Justice in Jeopardy Task Force indicated that funding for indigent-defense representation, which heretofore has largely been the responsibility of local government, was inadequate. At about the same time, the Washington State Bar Association's Blue Ribbon Task Force on Indigent Defense reported on problems it found with public-defense representation throughout the state. The state's largest newspaper, the Seattle Times, also weighed in with a series of articles on the inadequacies of public-defender systems that it observed in several counties of the state. Finally, a lawsuit was filed against an eastern Washington county in which there were allegations that the county's criminal-justice system was infected with many instances of ineffective assistance of counsel for indigent defendants.
Since 2004, much progress has been made to improve our state defender systems. Senate Bill 5454, which passed in 2005 at the request of the Justice in Jeopardy Initiative, provided additional funds for the state's trial courts as well as for parental representation in termination and dependency cases, indigent-defense consultation and training, and civil legal aid. In that same year, the Revised Code of Washington was amended to establish a structure for state funding for counties that committed to improving their public-defense systems. A year later, the Legislature provided, for the first time in this state's history, funding for trial-level criminal public defense. Finally, the WSBA continues to maintain its Committee on Public Defense, a committee that is busily engaged in examining a myriad of critical issues relating to the proviso of public defense. Despite these significant improvements, however, much remains to be done.
This edition of Bar News includes articles about public defense from a variety of presenters. Rob McKenna, the attorney general, addresses Washington's participation in the Gideon case amicus brief. Don Scaramastra, of Garvey Schubert, and Dave Taylor, of Perkins Coie, write about the Grant County lawsuit. Joanne Moore, director of the Washington State Office of Public Defense (OPD), tells us about lawyers who have, in the past, volunteered to serve as counsel for indigent defendants facing murder charges. Bob Boruchowitz, recently the director of The Defender Association, describes a new ABA ethics opinion pertaining to excessive caseloads. Rafael Gonzalez, of OPD, describes new state-funded public-defense programs. Tom McBride, executive director of the Washington Association of Prosecuting Attorneys, writes about why prosecutors support state funding for indigent criminal defense. Mary Jane Ferguson, of OPD, describes cost savings available through the provision of adequate public defense.
The Board for Judicial Administration's Justice in Jeopardy Initiative is committed to continuing efforts to improve public defense until such time as we can say that adequate representation is available and accessible in the state of Washington to all who qualify for such legal assistance. This effort accompanies an overarching campaign for adequate state funding for our trial courts, the providers of civil legal services for the poor, as well as for our public-defender systems. In a nation that exalts the concept of justice for all, this must be a priority.
Gerry L. Alexander is chief justice of the Washington State Supreme Court.
