The Naughty List and Other Stories

In an opinion issued last week, State v. A.N.J. (slip opinion no. 81236-5), the Washington Supreme Court allowed a juvenile to withdraw his guilty plea to a sex offense based on ineffective assistance of counsel because his court-appointed attorney's representation "fell below the objective standard guaranteed by the constitution and that A.N.J. was prejudiced." Id. at 31.

A.N.J. is noteworthy for public defenders and has national implications for a couple of reasons:

1) the Court acknowledged the Washington Defender Association (WDA) Standards for Public Defense Services (similar to many other state and national standards) as relevant in "evaluating things like effective assistance of counsel." Id. at 19.

2) the Court also acknowledged that antithetical incentives (in this case, monetary) can corrupt a public-defender system to the point that it is constitutionally inadequate.

When I read the opinion, I was elated that the Court was willing to condemn ineffective practices that make all public defenders look bad (and worse, devastate clients' lives).  I also found myself wincing sometimes, however, because as the Court detailed the litany of things the lawyer had failed to do, I thought once or twice, Hmmm, I might have spent only five minutes reviewing a plea form (on occasion); or, Good Lord, the un-returned phone calls that are a constant background guilt-trip (unfortunately, all the time);  or, What about (some other things I shouldn't put in writing)--does that mean I'm like IAC guy?