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In-house public defender needed

| April 8, 2004 9:00 PM

The problems swirling around the Grant County public-defender system have moved beyond our community and become the focus of a growing state-wide problem.

With the Seattle Times' recent extensive and critical report on the suspension of Grant County public defenders Guillermo Romero and Tom Earl and the ACLU's lawsuit calling the county's indigent-defense system inadequate, we must wonder whether contracting public defenders out to local attorneys is the answer.

How much longer can the county stay with the contract system and credibly say indigent defendants receive a fair shake? Grant County commissioners and court officials knew trouble was down the pike last fall when the Washington State Bar Association recommended disbarment of Tom Earl.

They knew, and still it took eight months to hammer out contracts to represent defendants left hung out to dry by Earl's suspension. The conscription system used to plug the holes is not working well, even to Superior Court Judge Evan Sperline, who helped create it.

The county needs to look seriously at hiring an in-house public defender whose sole responsibility is to handle indigent cases, akin to the county prosecutor. That attorney would be directly accountable to county officials and afforded enough time and resources to assure justice is served.

Indigent defense is usually not popular when budget time comes around. After all, who wants to dole out public dollars to defend people who, more often than not, are guilty? Don't we have roads to fix and deputies to hire?

Number one, everyone is entitled to a fair defense, regardless of their crime. Individual rights are the foundation of our democracy, and they override the concerns of the pocketbook. Sometimes the police and prosecutors pinpoint the wrong guy, and a public defender can be the only shield between an innocent person and a large fine or even prison.

Number two, a good public defender makes sure the system stays balanced. So far, Grant County has seen few cases overturned because of an inadequacy of its public defenders, but now the spotlight is shining bright upon the process. With the ACLU's lawsuit in the courts, criminals convicted in Grant County Superior Court and looking for an appeal suddenly have a much more attractive argument to have their cases thrown out or retried.

Thank goodness commissioners have finally signed new contracts for at least five local public defenders, all of whom will be directly accountable to the commission. But we feel a bigger change is needed than a new version of an old system.