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Grant County Lawsuit
In April 2004, the ACLU of Washington filed a class action lawsuit against Grant County, Washington alleging systemic denials of the right to counsel and seeking injunctive relief to ensure effective assistance is provided to future indigent defendants in the county. The case was recently settled after a superior court judge granted partial summary judgment for the plaintiff class.
The court ruled that, based on the uncontested evidence existing prior to trial, systemic deficiencies existed within the Grant County public defender system prior to the filing of the lawsuit in 2004. Moreover, the court held that these systemic deficiencies “created an atmosphere in which the plaintiff class developed a well-grounded fear of immediate invasion of their respective rights to effective assistance of counsel and is evidence of an ongoing concern.”
In coming to this conclusion, the court noted that, prior to the filing of the lawsuit, “the caseloads of the Grant County Public Defenders were excessively high and exceeded any advisory guidelines for caseload limits.” The court also noted that the County failed to supervise the public defenders office appropriately and that the prosecutor’s office had inappropriate influence over whether public defenders received expert and investigator assistance on cases.
Two weeks after the issuance of the decision, the case was settled. Under the settlement agreement, Grant County agrees to “operate a public defense system that provides effective assistance of counsel to all indigent persons charged with felony crimes in Grant County.” This includes the hiring of a supervising attorney, who shall establish policies and procedures for the public defenders, as well as set up a training and review process. It also provides for the establishment of a client complaint system.
The agreement further requires that Grant County hire “enough full-time public defenders to handle all felony case assignments in accordance with [established] caseload limitations,” and requires the county to similarly hire appropriate numbers of investigators for the public defender office. Compliance with the settlement agreement is to be monitored on a day to day basis by a special master, with further oversight to be provided by the court as necessary.
“We are very pleased with the settlement, which requires the County to comply with state and national standards, provides for a monitor and implements strong enforcement mechanisms,” said David Taylor, an ACLU attorney in the case. “Nobody should face felony charges without the assistance of an effective and qualified attorney. This settlement should ensure that poor people in Grant County receive that assistance.”
Documents:
Complaint – available here.
Summary Judgment Decision – available here.
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National Association of Criminal Defense Lawyers (NACDL)
1660 L St., NW, 12th Floor, Washington, DC 20036
(202) 872-8600 • Fax (202) 872-8690 •
assist@nacdl.org
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