BILL REQ. #: H-0187.1
State of Washington | 58th Legislature | 2003 Regular Session |
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.