I was heartbroken to read the Aug. 25 Seattle Times article “Storied law firm says it could go under if WA doesn’t change pay model.”
The Washington Appellate Project, or WAP, has been providing high-quality appellate representation to people who cannot afford legal services for 35 years. The project’s advocacy has produced significant successes and lasting positive change in Washington, including ending the death penalty after our Supreme Court held in State v. Gregory that racial bias infected its application. Their body of work is deep and impressive.
I am a co-founder of WAP and managed the office for 28 years. I was there with my attorneys through their accomplishments and their despairing losses. We took care of each other. It is not easy work.
Their office has touched countless lives. Not only has WAP carefully overseen thousands of appeals, it has also provided invaluable education to the community. The loss of WAP would be monumental.
An appeal allows a full review of the trial court. It is a checks-and-balances system. Without appellate review, our rules of law could be discarded. Misconduct would occur without consequence. Equal rights would be trampled.
After leaving WAP, I contracted with the Washington State Office of Public Defense on the Senate Bill 5046 post-conviction program. As part of that, I set up a contract with the Department of Corrections to conduct workshops in prison, authored the 5046 report to the Legislature and reviewed countless cases for program eligibility. I realized immediately that OPD is more about politics than social justice. I understand this. Their obligation, however, includes providing support to its contractors and ensuring representation is equitable. This is lacking.
It is not enough for a court to ensure that all defendants, rich or poor, have access to counsel. The right to counsel serves no purpose unless it is the right to effective counsel, as both the U.S. Supreme and our State Supreme Court have held for nearly a century.
I believe the Office of Public Defense’s disregard for WAP, and its claim that WAP could close without significant expense and pain to the people the project serves, demonstrates a lack of understanding about appeals. This absence in appellate expertise is also demonstrated in the lack of meaningful oversight of contractors’ work. Without appellate knowledge, review falls short.
That is why funding WAP with an ethical contract is so important. The program already has the expertise and office model that assures high-quality work for its clients.
I lived under the payment-by-case contract, as currently proposed by OPD. It is a nightmare for an office. We had no control or idea of what our monthly payment would be. The number of assignments varied significantly from month to month. The last day of the month would be fierce with everyone trying to get their briefs filed so we could cover payroll. OPD’s proposal would wind the clock back to that time, and the low-income parents and people whom OPD is supposed to serve will suffer for it.
Appellate public defense should not be merely a line item on a budget. We are talking about living and breathing people. We are talking about the Constitution. Lack of funding in appellate defense has consequences. Effective appeals reduce the need for post-conviction relief, costly bar complaints and are a cornerstone to ensuring equity and fairness in our justice system.
OPD’s mission statement includes prioritizing equity and excellence in ensuring justice is served in Washington state. I believe the office has some work to do.
Washington Appellate Project remains my family. I hope and pray for its survival. I believe we all should.
