Defendants get approval for joint suit

By Ken Armstrong
Seattle Times staff reporter

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The lawsuit, filed in Kittitas County four months ago, alleges that Grant County has allowed its public-defense system "to descend into chaos," and seeks relief for criminal defendants who are, or will be, facing felony charges in Grant County Superior Court.

Kittitas County Superior Court Judge Michael Cooper ruled that those criminal defendants can be treated as a class. That means they will be able to avoid the cost and trouble of filing individual lawsuits.

In the past three months, the Washington Supreme Court has disbarred two Grant County public defenders, Thomas Earl and Guillermo Romero. Both had requested payment from court-appointed clients they were supposed to represent for free, disciplinary officials found.

A Seattle Times investigation published in April showed how Romero and Earl repeatedly failed clients, and how Grant County's public-defense system has produced enormous caseloads and other obstacles to effective representation.

In support of their motion for class certification, the attorneys challenging Grant County wrote: "Hundreds of indigent people face criminal proceedings in Grant County at any given time. They share the same concerns and fears, namely, that they will be left in the lurch by lawyers, who are too overworked, underpaid, under-experienced, or under-supervised to offer effective assistance (or even return phone calls)."

Attorneys representing Grant County argued in court papers that the county provides adequate representation and that the excessive caseloads and other deficiencies cited by the plaintiffs have been fixed. The county's attorneys also say the lawsuit raises separation-of-power issues, and in effect asks a court to dictate county operations.

Ken Armstrong: 206-464-3730 or karmstrong@seattletimes.com

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