February 2007

Maintaining a Healthy Criminal Justice System

by Tom McBride

Each year, the Legislature passes new laws directed at increasing public safety and holding criminal offenders accountable. Whether you support or oppose the policy choices made, you should find it frustrating that the funding of the criminal-justice system is a burden left almost entirely to local government. Washington state ranks near the bottom of the 50 states when measuring direct state funding for the criminal-justice system. At a minimum, the state of Washington should jointly fund the cost of indigent defense with local government.

Now why in the world are prosecutors concerned about indigent-defense funding? Are not those defense lawyers our adversaries? Don’t they make our job that much harder? The informed answer is “no.” A prosecutor’s office has significant duties other than criminal prosecution, but for that component of our offices dedicated to prosecuting crimes, we will tell you that justice is best served when a balance exists between the resources brought to bear by the prosecution and the defense. In addition to being fair, the criminal-justice system is more efficient with a balance of adequate resources. An old maxim states that “prepared lawyers settle cases.” Most cases in the criminal-justice system are resolved by settlement, and both sides are well served by ensuring that the other is well prepared.

Any experienced prosecutor will tell you that prepared defense counsel is a blessing in resolving criminal charges by plea or trial. Only prepared counsel can bring forth defense evidence and perspective necessary to resolve cases fairly. A prepared counsel can explain the hard choices that a defendant may face in deciding to plea or go to trial. Trial preparation follows this same principal, that is, prepared counsel can present appropriate motions and argument and make the best use of the court’s time.

An experienced prosecutor will tell you that a balance must exist between the resources brought to bear in the courthouse by the prosecution and the defense. Too many attorneys on either side can create an imbalance, driving a motion practice that prevents a just and efficient resolution of criminal cases.

Aside from these practical considerations, prosecutors have a specific obligation, unique in our adversarial American legal system, to pursue justice on behalf of the entire community, including his or her opponent — the defendant. These obligations are more than those owed to an opponent by each civil practitioner of the Bar, and are not reciprocated by the criminal-defense practitioner to the state. These obligations arise from the prosecutor’s role as a public official vested with both executive-branch and judicial-branch powers. It flows naturally from these obligations to write in support of public funding for indigent criminal defendants.

The Washington Association of Prosecuting Attorneys believes in a healthy criminal justice system, and a consistent level of public-defense funding throughout the state. It is what serves the cause of justice for all of our state’s citizens. That is why we join with our colleagues in the defense bar to ask the state Legislature to share equally with local governments in providing stable funding for indigent public-defense services. There is no excuse for our state to rank near the bottom in the nation in support of justice for all. 

Tom McBride is the executive secretary for the Washington Association of Prosecuting Attorneys.