Public defense system improving, report says

EPHRATA — Grant County's embattled public defender system has continued to show signs of improvement, following increased criminal defense training and reduced attorney case assignments during the last few months, a report issued this week shows.

Seattle attorney Jeffrey Robinson, in his second-quarter report, concluded Grant County public defenders have had "significantly lower caseload(s)" during the last six months than in previous years. The county has also moved "forward with training initiatives and it has done so wholeheartedly."

Like his first-quarter report, Robinson said there was no need for Kittitas County Superior Court Judge Michael Cooper to enforce terms of a November 2005 settlement agreement between the county and the American Civil Liberties Union.

Robinson was picked earlier this year by Grant County and the ACLU to ensure the county implements the terms of the settlement agreement.

The county has agreed to improve the quality of its public defense system, including limiting caseloads and making sure attorneys are qualified for the level of cases they are handling.

The ACLU and Columbia Legal Services filed a class action lawsuit in April 2004, on behalf of indigent individuals accused of felony offenses in Grant County Superior Court. The lawsuit alleged the system was deficient and didn't provide felony clients with effective assistance of counsel.

"The response of the Grant County Commissioners to my request for training has been exemplary," Robinson wrote in his July 18 report. "The (defense) lawyers are working very hard to improve their skills and their advocacy for their clients. I think the training component of the public defender system is in fine shape."

"I saw it as a very positive report for us," said Richard Stevens, chairman of the Grant County Commissioners. "(Robinson) gave the commissioners kudos for pushing the public defender training. He said we were doing everything we could to help the system."

The county agreed to assign no more than 150 felony cases per year to each of its six contracted public defenders in superior court. Four public defenders are at or below the target caseload of 75 per attorney through the first six months of the year.

Two of the defenders have significantly exceeded the caseload target, Robinson pointed out in his report. One public defender has already racked up 105 assignments, but that includes 56 contempt cases.

Starting this year, contempt cases were weighted as a full case equivalent. They were previously counted as half a felony case. Contempt cases generally do not require as much time for attorneys to resolve compared to felony assignments.

Alan White, the county's supervising defense attorney appointed under the terms of the settlement, said the new weight given to contempt cases has been the most significant impact of last year's settlement.

The county commissioners have asked Robinson to consider recommending the contempt cases again be counted as a half case. Robinson said he plans to discuss the change with the ACLU before making a recommendation to Cooper.

Despite the increased weight of contempt cases, the number of assignments has been lower for the first six months of this year than prior to the settlement, Robinson stated.

The use of an overflow attorney by the county has helped to keep caseloads down. White has also sent letters to six attorneys in Grant and Adams counties, asking for a commitment to accept between 10 and 30 felony case assignments by the end of the year.

"I am confident that the county can and will comply with the caseload standards set out in the agreement," Robinson predicted.

Public defenders have continued to improve communication with their clients, the report stated. One of the most significant allegations of the lawsuit was that clients, especially those in custody, had little contact with their attorneys.

The six-page report noted that from April through June, public defenders conducted 518 client visits in Grant County Jail. That number was up from 483 visits during the first quarter, January through March.

"This trend continues to show a significant improvement over past years," Robinson wrote.

The number of complaints filed by felony clients against their public defenders remained lower than before the settlement. In the first quarter, four indigent clients filed complaints. Three indigent clients filed complaints this quarter, while Grant County has averaged about 90 felony case assignments each month.

Robinson said the complaints appear related to attorney-client communication. White and the defense attorneys were responding to each complaint in an appropriate manner, he said.

"We're pleased to hear the county is implementing the settlement agreement and that Mr. Robinson is receiving cooperation from the commissioners and the supervising attorney," said Nancy Talner, an ACLU staff attorney who worked on the lawsuit.

"We certainly look forward to continuing to work with Mr. Robinson and the others to ensure that the public defense system delivers effective representation to the defendants," she said.