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Can smaller caseloads help Washington fill its public defender ranks? – My Edmonds News

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Can smaller caseloads help Washington fill its public defender ranks? – My Edmonds News


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Too few public defenders and too many cases are stressing the criminal justice system in Washington, with counties struggling to ensure people accused of crimes, but unable to afford a lawyer, receive counsel as they are constitutionally guaranteed.

In less populated counties where finding private attorneys to fill the role can be difficult, cases are getting delayed or dismissed, leaving defendants and victims in the lurch.

Public defenders, prosecutors, judges and local government officials agree on the problem. But they disagree on whether shrinking public defender caseloads is the best immediate solution, as members of a Senate panel heard during a work session last week.

“The crisis is that the accused are going unrepresented, in criminal and in civil cases, throughout the state because of the shortage of public defenders,” Jason Schwarz, director of the Snohomish County Office of Public Defense, told the Senate Law and Justice Committee.

“Without changes in the public defense system, the crisis will get worse, and more people will go unrepresented and their rights violated,” he said. “The victim here in this delay is not public defenders, it’s the defendants and the victims of crime who are subject to delays.”

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Recruiting and retaining public defenders is a struggle, especially in rural counties, as experienced barristers retire and newer hires bail for better-paying, less stressful jobs elsewhere, said Larry Jefferson, director of the state’s Office of Public Defense.

“We have justice by geography. Depending on what county you live in determines your access to a public defender,” he said.

A proposal from the Washington State Bar Association to ease pressure on public defenders by reducing caseloads is encountering concerns from prosecutors, judges, and lawmakers on potential costs and unintended consequences.

Under standards adopted by the state Supreme Court in 2012, a full-time public defense attorney or assigned counsel should have no more than 150 felony cases a year.

Last year, the American Bar Association, the National Center for State Courts and the RAND Justice Policy Program released the National Public Defense Workload Study that concluded public defenders should handle far fewer.

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Washington’s high court asked the state bar association to weigh in on whether the cap needs adjusting. What the association is recommending is new maximums of 47 felony cases or 120 misdemeanor cases in a year, depending on one’s primary area of practice. This reduction would be phased in over three years.

“These standards I don’t believe are obtainable. I don’t think they are going to happen,” said state Sen. Mike Padden, R-Spokane Valley, a former judge. “What I think is going to happen is more cases will be dismissed and that is going to hurt our society as a whole.”

Derek Young, interim executive director for the Washington State Association of Counties, didn’t quibble with the need. He voiced concern about potential legal repercussions if standards are unmet.

“What I hear with these standards is they are not goals. [But] they say must. And what I hear is a ‘cause of action’ when we don’t meet them,” he said. “It won’t be counties only holding the bags when the cause of action comes, it will be the state of Washington as well.”

Schwarz and Jefferson said workload is at the heart of this crisis and new caseload standards seek to address it in a way that will assure defendants receive counsel that is effective.

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“This is the solution. These standards are hard for people to swallow because they are expensive,” Schwarz said. “Without changes, the crisis will get worse.”

Facing a costly reality

The U.S. Constitution and the Washington state Constitution guarantee court-appointed counsel for indigent defendants facing criminal prosecutions.

In Washington, the state picks up the tab for civil commitment actions where people are sent to psychiatric hospitals, representing parents in cases involving child custody, and handling appeals of indigent defendants, according to the suit.

Counties are left to cover legal defense costs for poor defendants in criminal prosecutions. It’s eating up larger chunks of local government budgets as cases multiply, and get more complex and time-consuming.

This past year counties tried unsuccessfully to secure more aid through litigation and legislation.

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They sued the state last fall, alleging inadequate state funding leaves counties unable to provide constitutionally adequate defense services for indigent individuals. But a Thurston County Superior Court judge dismissed the lawsuit in March.

Lawmakers did allot $1 million to increase the ranks of public defenders, including encouraging recent law school graduates or law students who are eligible to practice as legal interns to work in rural areas where the lack of counsel is most pronounced.

Adopting new caseload standards will be pricey. More lawyers, and legal staff must be hired.  Complying with new standards could double or triple expenses of counties with a city official telling senators the added cost for the state could average $150 million a year more.

“We are not here to argue against these caseload standards. They were developed by people who know what they are talking about,” Young, with the counties association, said during the committee meeting. “We do need to face reality on what those costs are.”

Sen. Manka Dhingra, D-Redmond, the committee chair, said the workforce issues are real and the challenge for the Legislature is clear.

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“It is May. Hopefully this gives everybody enough time to really come together and figure out how we will move forward,” she said.

by Jerry Cornfield, Washington State Standard

Washington State Standard is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: info@washingtonstatestandard.com. Follow Washington State Standard on Facebook and Twitter.





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Caps Fall in Montreal, 6-2 | Washington Capitals

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Caps Fall in Montreal, 6-2 | Washington Capitals


Cole Caufield scored in the first minute of the first period and added another goal later in the frame, sparking the Montreal Canadiens to a 6-2 win over the Capitals on Saturday night at Bell Centre.

Washington entered the game with a modest three-game winning streak and six wins in its last seven games. Although they were able to briefly draw even with the Habs after Caufield’s opening salvo, Caufield and the Canadiens responded quickly and the Caps found themselves chasing the game for the remainder of the night.

“I didn’t mind some of the things that we did tonight,” says Caps coach Spencer Carbery. “I thought we created enough offensively, we just made way too many catastrophic mistakes to be able to sustain that.”

In the first minute of the game, Caufield blocked a Jakob Chychrun point shot, tore off on the resulting breakaway and beat Charlie Lindgren for a 1-0 lead for the Canadiens, half a minute into the contest. Lindgren was making his first start since Jan. 29, following a short stint on injured reserve for a lower body injury he sustained in that game.

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After the two teams traded unsuccessful power plays, the Caps pulled even in the back half of the first. With traffic in front, Declan Chisholm let a shot fly from the left point. The puck hit Anthony Beauvillier and bounded right to Alex Ovechkin, who had an easy tap-in for career goal No. 920 at 13:16 of the first.

But Montreal came right back to regain the lead 63 seconds later, scoring a goal similar to the one Ovechkin just scored.

From the left point, Canadiens defenseman Jayden Struble put a shot toward the net. It came to Nick Suzuki on the goal line, and the Habs captain pushed it cross crease for Caufield to tap it home from the opposite post at 14:19.

Less than two minutes later, Lindgren made a dazzling glove save to thwart Caufield’s hat trick bid.

Midway through the middle period, Montreal went on the power play again. Although the Caps were able to kill the penalty, the Habs added to their lead seconds after the kill was completed; Mike Matheson skated down  a gaping lane in the middle of the ice and beat Lindgren from the slot to make it a 3-1 game at 12:22.

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Minutes later, Montreal netminder Jakub Dobes made a big stop on Aliaksei Protas from the right circle, and Suzuki grabbed the puck and took off in the opposite direction. From down low on the right side, he fed Kirby Dach in the slot, and Dach’s one-timer made it 4-1 for the Canadiens at 16:34 of the second.

In the waning seconds of the second, Dobes made one of his best stops of the night on Beauvillier, enabling the Canadiens to carry a three-goal lead into the third.

Those two quick goals in the back half of the second took some wind out of the Caps, who were playing their third game in four nights following the three-week Olympic break.

“We kill off a penalty, and then we end up going down 3-1right after the penalty,” says Caps center Nic Dowd. “Those are challenging to give up, right? You do a good job [on the kill], it’s a 2-1 game, and then all of a sudden, before you blink, it’s 4-1 and then the game gets away from you.

“And they defended well tonight; It’s tough to score goals in this League, and you go into the third period, and you’ve got to score three. You saw that [Friday] night when we played Vegas; they were able to score two, but it’s tough to get that third one. I think we have to manage situations a little bit better. It’s a 2-1 game on a back-to-back, we just kill a penalty off, or maybe we just have a power play – whatever it is – we have to manage that, especially in an arena like this, where the crowd gets into it on nothing plays. They can really sway momentum – and in a good way – for their home team.

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“We just have to understand that if we don’t have our legs in certain situations, because of travel, it’s back-to-back or whatever, we really have to key into the details of the game and not let things get away from us quickly.

With 7:28 left in the third, Ovechkin netted his second of the game – and the fifth goal he has scored in this building this season – on a nice feed from Dylan Strome to pull the Caps within two goals of the Habs, who have coughed up some late leads this season.

But Montreal salted the game away with a pair of late empty-net goals from Suzuki and Jake Evans, respectively.

In winning six of their previous seven games, the Caps had been playing with a lead most of the time. But playing from behind virtually all night against a good team in a tough building is a tall task under any circumstances. And it was exactly that for the Caps on this night.

“They score on the first shift,” says Strome. “Obviously, Saturday night in Montreal is as good and as loud as it gets. They just got a fortunate bounce; puck was off Caulfield’s leg, and a perfect bounce for a breakaway. It’s just one of those things where we got down early and now they kind of fed off the momentum of the crowd.

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“But I still think our game is in a good spot, and we’ve just got to keep stacking wins. Obviously, we’ve played more games than everyone so we’re going to need some help, but we’ve just got to keep stacking wins. It’s tough on the back-to-back in Montreal, but we’ll find a way to bounce back on Tuesday [vs. Utah at home] and then go from there.”



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The Fallout From the Epstein Files

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The Fallout From the Epstein Files


The Department of Justice is facing scrutiny this week after it was revealed that records involving President Trump were missing from the public release of the Epstein files. On Washington Week With The Atlantic, panelists joined to discuss the ensuing political fallout for the Trump administration, and more.

“The key thing to remember about the Epstein story is that it is a case that has been mishandled for decades. The reason that we’re hearing about this now and why it’s exploding into public view is because, for the first time, Republicans in Congress and Democrats in Congress were willing to openly defy their leadership and call for the release of these files,” Sarah Fitzpatrick, a staff writer at The Atlantic, said last night. “That has never been done before, and I think it really is changing the political landscape in ways that we’re still just starting to learn.”

“What’s been so striking is how many of those very same Republicans who were calling for the release of those files, who had promised to get to the bottom of them, are now saying things that are just the opposite,” Stephen Hayes, the editor of The Dispatch, argued.

Joining guest moderator Vivian Salama, a staff writer at The Atlantic, to discuss this and more: Andrew Desiderio, a senior congressional reporter at Punchbowl News; Fitzpatrick; Hayes; and Tarini Parti, a White House reporter at The Wall Street Journal.

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Watch the full episode here.



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Man charged with shooting co-worker in Washington Heights

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Man charged with shooting co-worker in Washington Heights


A 26-year-old man had an argument with a co-worker before allegedly fatally shooting the colleague in Washington Heights, prosecutors said Friday.

Bobby Martin, who was charged with first-degree murder Thursday, made his first appearance Friday in Cook County court.

Martin, is accused of killing his co-worker, Antoine Alexander, 32, in a parking lot at 9411 S Ashland Ave about 3:30 p.m. on Tuesday, according to Chicago police.

Prosecutors said Martin and Alexander worked together at an armed security company and got into a verbal altercation inside the guard shack on Tuesday afternoon. During the altercation, prosecutors said Alexander removed his bullet proof vest and threw it to the ground. A witness, another co-worker, then told the defendant and the victim to take the altercation outside.

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After stepping outside, the defendant pulled his firearm and fired one shot into the victims abdomen, prosecutors said. The victim’s firearm was holstered at the time of the argument and the shooting. The defendant fled the scene and came into contact with another co-worker, whom he told that he had just shot Alexander.

Alexander was then taken to Advocate Christ Medical Center in Oak Lawn, where he was pronounced dead.

Martin was arrested by authorities three blocks from his home approximately 20 minutes after the shooting, prosecutors said.

Martin was detained and will appear in court again on March 17, authorities said.

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