HomeMy WebLinkAboutDISCUSSION re Indigent Defense Attorneys Island County Prosecutine Attorney letter ISLAND COUNTY PROSECUTING ATTORNEY
GREGORY M. BANKS
Eric M.Ohme,Chief Criminal Deputy Deputy Prosecutors
Michael W.Safstrom
David E.Carman
Robert J.Johnson
Joseph B.McPherson
Savanna L.Duncan
Kristin LeClercq,Chief Administrator Amy L.Mirabile
March 14, 2024
Seattle Times Editorial Board via Email only: oped@seattletimes.com
Re: Public Defense Caseload Standards
Dear Editor:
I have been the elected Island County Prosecuting Attorney since 1999. I am a past president of
the Washington Association of Prosecuting Attorneys. I have been on the Board of Directors of
the National District Attorneys Association since 2017. The opinions in this essay are my own,
and not necessarily those of the associations I proudly serve.
The State Bar Association's newly adopted caseload limit for public defenders is a Trojan horse
deployed by groups interested in wholesale decriminalization. They failed to achieve their goal
in the legislature,where bills are debated and voted on by people with diverse
viewpoints. Undaunted, the proponents now plan to attack their target from within, asking the
Supreme Court to enshrine the outlandish caseload standards as enforceable court rules. If
adopted,the interest groups will achieve their objective of massive and indiscriminate
decriminalization by breaking the back of an already strained criminal justice system.
The inability to recruit and retain lawyers to work as prosecutors and public defenders afflicts
every county in Washington and most counties across the nation. Your March 13, 2024, article
correctly pointed out that we have already seen, under existing caseload caps, criminal
defendants languishing while counties scramble to find legal representation for them. Some
judges have dismissed serious criminal charges because defense attorneys could not be found
quickly enough.
Passing a rule that drastically shrinks the maximum number of cases a defender can handle in a
year is like shortening your bucket's rope when the well is going dry. It will have two certain
results: (1)a great many people charged with crimes will be deprived of their constitutional right
to counsel; and(2)crime victims and the public will suffer as many more cases are dismissed
and crimes go uncharged. Some proponents of the unjustifiable caseload caps have
acknowledged that these are likely outcomes. They do not appear distressed by that fact. Some
have even openly expressed support for this unavoidable fallout,providing some insight into
their true motives.
The Supreme Court will provide an opportunity for public comment before considering the
caseload maximums for adoption. Civil libertarians and public safety advocates alike should be
ISLAND COUNTY PROSECUTING ATTORNEY'S OFFICE
LAW&JUSTICE CENTER
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Fax(360)679-7393 / ICProsecutor@islandcountywa.gov
Seattle Times Editorial Board
March 14, 2024
Page 2
shocked by this troubling proposal. I urge you to weigh in. Let the Supreme Court hear voices
other than the ones advancing this reckless plan that will crush the criminal justice system and
deprive criminal defendants of their rights.
I also take this opportunity to correct an error in the Times article, which asserted the current
defender caseload standards "dated to the 1970s and 1980s." I've heard this falsehood repeated
in other news outlets. I served on the Bar Association's Council on Public Defense in 2010-
2011,when it adopted Washington's very first defender caseload standards. The Supreme Court
approved them as enforceable court rules in October, 2012, not the 1970s. No doubt the people
behind this calamity-in-the-making believed a fifty-year gap would enlist more support than if
the public knew that the existing standards are only twelve years old.
Sincerely,
Gregory M. Banks
Island County Prosecuting Attorney