BILL REQ. #:  H-0187.1 

Prefiled 1/3/2003. Read first time 01/13/2003.   Referred to Committee on Judiciary.

     TO THE HONORABLE MEMBERS OF THE SUPREME COURT OF THE STATE OF WASHINGTON:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The courts have held that certain criminal defendants are entitled to legal counsel at public expense; and
     WHEREAS, The courts have held that criminal defendants are entitled to effective assistance of counsel; and
     WHEREAS, Pro bono assistance for criminal defendants has been an honorable legal tradition pursued by members of the Bar for centuries; and
     WHEREAS, The issue of how much compensation a defense lawyer receives is not a meaningful or adequate basis for determining whether or not a criminal defendant has received effective assistance of counsel; and
     WHEREAS, In Federalist No. 58, James Madison wrote, "The House of Representatives cannot only refuse, but they alone can propose, the supplies requisite for the support of government. They, in a word, hold the purse, that powerful instrument by which we behold ... an infant and humble representation of the people gradually enlarging the sphere of its activity and importance, and finally reducing, as far as it seems to have wished, all the overgrown prerogatives of the other branches of the government. This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure."; and
     WHEREAS, In Federalist No. 78, Alexander Hamilton wrote, "We proceed now to an examination of the judiciary department of the proposed government. ... Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks."; and
     WHEREAS, The judicial branch is imposing huge costs on taxpayers and the legislative and executive branches, two branches coordinate and coequal with the judiciary, by assuming authority for determining the level of funding to be used for criminal defense assistance and then ordering those funds be appropriated from a coordinate and coequal branch of government; and
     WHEREAS, The taxpayers of the state of Washington demand and deserve that the hard-earned dollars they pay in taxes are spent efficiently and effectively and that the constitutionally established balance of powers is honored; and
     WHEREAS, The Legislature believes that no person should be denied the right to effective legal counsel in cases where their life, liberty, or property are at stake and leaves the determination of competency of counsel to the Judiciary; and
     WHEREAS, The Legislature expresses its determination to retain its constitutional and statutory powers and functions of determining what degree of appropriations are reasonable and necessary for the support of county government and its institutions, including criminal defense assistance;
     NOW, THEREFORE, Your Memorialists respectfully pray that the Legislature recognize and respect the constitutional prerogative and duty of the Judiciary to ensure criminal defendants receive what it deems effective assistance of counsel and request the Judiciary to recognize and respect the constitutional prerogative and duty of the Legislature to appropriate what funds it deems necessary for criminal defense assistance.
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Members of the Supreme Court of the state of Washington.