YAKIMA, Wash. – Yakima County is being sued by the American Civil Liberties Union, who claims the county is failing to take action to address the shortage of public defenders throughout Washington.
ACLU, who is suing on behalf of people who have been charged of a crime without an attorney assigned to the case, began looking into the issue in mid-May, said David Montes, ACLU Washington Staff Attorney.
The investigation took place after Yakima County Prosecutor Joseph Brusic testified about how long people in custody were waiting to receive a public defender, and upon further investigation, the organization found around 300 people had been waiting between weeks and months for their assignment, Montes said.
Montes said it is a constitutional violation to charge people with crimes without an attorney available, and a complaint was filed against the county on Sept. 30.
“Anyone who’s been in a courtroom understands how frightening it can be to face a judge facing legal proceedings of any kind, much less criminal charges,” he said. “It’s really, really important that people have attorneys. That’s why it’s a constitutional right. That’s why state law requires attorneys.”
ACLU’s current goal is to make sure everyone in Yakima County receives an attorney if charged, with a bigger picture of a better functioning public defense system in the state, Montes said.
The lawsuit, filed in the Kittitas County Superior Court, is against Yakima County, the County Department of Corrections and Superior Court, as well as the presiding judge, board of commissioners and director of the County Department of Assigned Counsel.
The ACLU is asking for the judge to declare these actions unlawful, but Yakima County has not responded to the initial complaint yet.
Those being sued have been contacted for comment, and the story will be updated as new information comes in.
