Case: Davison v. State of Washington

17-2-01968-34 | Washington state trial court

Filed Date: April 3, 2017

Case Ongoing

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Case Summary

The ACLU of Washington State filed this class action lawsuit against the Office of Public Defense (OPD) for failing to provide adequate defense to juveniles in Grays Harbor County, violating their Sixth and Fourteenth Amendment rights and Article I, §§ 3 and 22 of the Washington state Constitution. The suit was filed on April 3, 2017. The complaint stated that children have the same right to due process as adults, and if anything, the right is more important for children because they cannot adv…

The ACLU of Washington State filed this class action lawsuit against the Office of Public Defense (OPD) for failing to provide adequate defense to juveniles in Grays Harbor County, violating their Sixth and Fourteenth Amendment rights and Article I, §§ 3 and 22 of the Washington state Constitution. The suit was filed on April 3, 2017.

The complaint stated that children have the same right to due process as adults, and if anything, the right is more important for children because they cannot advocate for their own legal rights. The complaint alleges that children in Grays Harbor are being functionally denied counsel because attorneys are not present long enough to provide meaningful advocacy and adversarial testing. The complaint also alleged that the State is aware of the problem, and of several other constitutional violations, such as holding children on unchallenged bail amounts; giving children inadequate advice of rights, option, and consequences; and encouraging children to plead guilty without adequate consideration of legal defenses.

The proposed plaintiff class consisted of "all indigent persons who have or will have juvenile offender cases pending in pretrial status in Grays Harbor County Juvenile Court, and who have the constitutional right to appointment of counsel." The complaint estimated that approximately 20 cases are in pretrial status at any given time.

The complaint sought declaratory judgment stating that the current services children receive are constitutionally inadequate, and that the State is responsible for the constitutional deficiencies.

An earlier complaint was filed on March 23, 2017 by a taxpayer, demanding that the State Attorney general institute the proposed action. The Washington State Attorney General declined to institute the action on the grounds that it represented defendants. The current action was subsequently filed. Because of the conflict of interest with the Attorney General, an amended complaint, filed on May 12, 2017, requested that the court declare that the defendants possess the legal authority, as well as the "competence, expertise, and authority" to decide how to fix the constitutional inadequacies in the public defense system.

The case moved steadily toward trial throughout 2017 and 2018. A non-jury trial is scheduled for March 3, 2019. The case is still ongoing.

Summary Authors

Rachel Carpman (2/15/2019)

Related Cases

Allen v. Edwards, Louisiana state trial court (2017)

People


Judge(s)

Lanese, Christopher (Washington)

Attorney for Plaintiff

Chiang, Emily (Washington)

Harrington, Mathew L. (Washington)

Schuster, Breanne (Washington)

Talner, Nancy Lynn (Washington)

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Documents in the Clearinghouse

Document

17-2-01968-34

Docket

Feb. 8, 2019

Feb. 8, 2019

Docket

17-2-01968-34

Class Action Complaint for Declaratory Relief

April 3, 2017

April 3, 2017

Complaint

17-2-01968-34

First Amended Class Action Complaint for Declaratory Relief

May 12, 2017

May 12, 2017

Complaint

Resources

Docket

Last updated April 18, 2024, 4:04 p.m.

ECF Number Description Date Link Date / Link

Case Information Cover Sheet

April 3, 2017

April 3, 2017

Summons

April 3, 2017

April 3, 2017

Summons

April 3, 2017

April 3, 2017

Complaint

April 3, 2017

April 3, 2017

Notice of Assignment

April 3, 2017

April 3, 2017

Case Information Cover Sheet

April 3, 2017

April 3, 2017

Motion for Class Certification

April 3, 2017

April 3, 2017

Declaration Affidavit Theresa H Wang

April 3, 2017

April 3, 2017

Declaration Affidavit Emily Chiang

April 3, 2017

April 3, 2017

Notice of Hearing Motion for Class Certification

April 5, 2017

April 5, 2017

Notice of Appearance

April 6, 2017

April 6, 2017

Notice of Appearance Amended

April 6, 2017

April 6, 2017

Notice of Appearance

April 12, 2017

April 12, 2017

Notice Striking Hearing

April 19, 2017

April 19, 2017

Motion Hearing for Class Certification by Plaintiff

April 21, 2017

April 21, 2017

Amended Complaint

May 12, 2017

May 12, 2017

Amended Answer

June 7, 2017

June 7, 2017

Notice of Absence Unavailability

June 19, 2017

June 19, 2017

Affidavit Declaration Certificate Confirmation of Service

June 22, 2017

June 22, 2017

Notice of Appearance

July 10, 2017

July 10, 2017

Review Report Scheduling Questionnaire

July 31, 2017

July 31, 2017

Response Scheduling Questionnaire

July 31, 2017

July 31, 2017

Assignment for Trial Setting

Aug. 4, 2017

Aug. 4, 2017

Notice of Hearing Partial Summary Judgment

Aug. 10, 2017

Aug. 10, 2017

Order Setting Case Schedule

Aug. 10, 2017

Aug. 10, 2017

Declaration Affidavit Jaime Hawk

Aug. 16, 2017

Aug. 16, 2017

Motion Re Access to Clients

Aug. 16, 2017

Aug. 16, 2017

Proposed Order Findings

Aug. 16, 2017

Aug. 16, 2017

Declaration Affidavit of Nancy Talner

Aug. 16, 2017

Aug. 16, 2017

Notice of Hearing Motion Re Access to Clients

Aug. 16, 2017

Aug. 16, 2017

Declaration Affidavit Theresa Wang

Aug. 16, 2017

Aug. 16, 2017

Notice of Hearing Amended-Motion for Class Certification

Aug. 16, 2017

Aug. 16, 2017

Notice of Appearance

Aug. 17, 2017

Aug. 17, 2017

Affidavit Declaration Certificate Confirmation of Service

Aug. 17, 2017

Aug. 17, 2017

Objection Opposition to Plaintiff's Motion for Class Certification

Aug. 23, 2017

Aug. 23, 2017

Response to Motion for Order Requiring Access to Clients

Aug. 23, 2017

Aug. 23, 2017

Reply Plaintiffs' in Support of Motion for Order Requiring Access

Aug. 24, 2017

Aug. 24, 2017

Reply by Plaintiff to Motion for Class Certification

Aug. 24, 2017

Aug. 24, 2017

Notice Hearing Stricken - Untimely

Aug. 24, 2017

Aug. 24, 2017

Letter from JA

Aug. 24, 2017

Aug. 24, 2017

Motion Hearing Re Access to Clients

Aug. 25, 2017

Aug. 25, 2017

Motion Hearing for Class Certification

Aug. 25, 2017

Aug. 25, 2017

Hearing Cancelled Courts Request

Aug. 25, 2017

Aug. 25, 2017

Note for Motion Docket Class Certification/Access to Clients

Aug. 29, 2017

Aug. 29, 2017

Affidavit Declaration Certificate Confirmation of Service

Aug. 31, 2017

Aug. 31, 2017

Letter From Plaintiff's Attorney

Aug. 31, 2017

Aug. 31, 2017

Declaration Affidavit Steven Fillo

Sept. 8, 2017

Sept. 8, 2017

Motion Hearing Class Certification/Access to Clients - by Plaintiff

Sept. 11, 2017

Sept. 11, 2017

Motion Hearing

Sept. 11, 2017

Sept. 11, 2017

Defendant Respondent Brief Supplemental in Opposition

Sept. 15, 2017

Sept. 15, 2017

Memorandum Supplemental

Sept. 15, 2017

Sept. 15, 2017

Defendant Respondent Brief Supplemental

Sept. 18, 2017

Sept. 18, 2017

Order Denying Motion Petition

Sept. 25, 2017

Sept. 25, 2017

Ex Parte Action With Order

Sept. 25, 2017

Sept. 25, 2017

Affidavit Declaration Certificate Confirmation of Service

Sept. 28, 2017

Sept. 28, 2017

Proposed Order Findings

Oct. 5, 2017

Oct. 5, 2017

Proposed Order Findings Granting Defendants' Motion for Partial Judgment on the Pleadings

Oct. 5, 2017

Oct. 5, 2017

Motion for Judgment on the Pleadgins and Memorand in Support

Oct. 5, 2017

Oct. 5, 2017

Affidavit Declaration Certificate Confirmation of Service

Oct. 10, 2017

Oct. 10, 2017

Affidavit Declaration Certificate Confirmation of Service

Oct. 11, 2017

Oct. 11, 2017

Notice of Appearance Special

Oct. 11, 2017

Oct. 11, 2017

Proposed Order Findings

Oct. 23, 2017

Oct. 23, 2017

Response to Motion for Partial Judgment

Oct. 23, 2017

Oct. 23, 2017

Reply in Support of Motion for Partial Judgment on the Pleadings

Oct. 30, 2017

Oct. 30, 2017

Summary Judgment Partial by Defendant

Nov. 3, 2017

Nov. 3, 2017

Summary Judgment Hearing (Partial)

Nov. 3, 2017

Nov. 3, 2017

Order Granting Partial Summary Judgment

Nov. 3, 2017

Nov. 3, 2017

Notice of Hearing Summary Judgment

Nov. 6, 2017

Nov. 6, 2017

Order Certifying Class

Nov. 9, 2017

Nov. 9, 2017

Ex Parte Action With Order

Nov. 9, 2017

Nov. 9, 2017

Notice of Withdrawal of Attorney

Nov. 9, 2017

Nov. 9, 2017

Notice of Change of Address

Nov. 14, 2017

Nov. 14, 2017

Notice Hearing Cancelled

Nov. 21, 2017

Nov. 21, 2017

Affidavit Declaration Certificate Confirmation of Service

Nov. 22, 2017

Nov. 22, 2017

Notice of Hearing

Dec. 1, 2017

Dec. 1, 2017

Summary Judgment

Jan. 5, 2018

Jan. 5, 2018

Notice of Continuance Summary Judgment

Jan. 11, 2018

Jan. 11, 2018

Notice Hearing Stricken

Feb. 8, 2018

Feb. 8, 2018

Notice of Hearing Motion for Entry and Modification of case Schedule Order

Feb. 13, 2018

Feb. 13, 2018

Motion Stipulated-for Entry and Modification of Case Schedule Order

Feb. 13, 2018

Feb. 13, 2018

Proposed Order Findings

Feb. 13, 2018

Feb. 13, 2018

Summary Judgment

Feb. 16, 2018

Feb. 16, 2018

Order Striking Trial Date

Feb. 20, 2018

Feb. 20, 2018

Affidavit Declaration Certificate Confirmation of Service

Feb. 20, 2018

Feb. 20, 2018

Motion Hearing for Entry and Modification of Case Schedule Order

Feb. 23, 2018

Feb. 23, 2018

Response Scheduling Questionnaire

March 7, 2018

March 7, 2018

Response Scheduling Questionnaire

March 7, 2018

March 7, 2018

Summary Judgment

March 9, 2018

March 9, 2018

Assignment for Trial Setting

March 9, 2018

March 9, 2018

Order Setting Case Schedule

March 12, 2018

March 12, 2018

Affidavit Declaration Certificate Confirmation of Service

March 12, 2018

March 12, 2018

Pre-Trial Conference

May 18, 2018

May 18, 2018

Protective Order re: Juvenile Records

June 6, 2018

June 6, 2018

Ex Parte Action With Order

June 6, 2018

June 6, 2018

Notice of Hearing

June 11, 2018

June 11, 2018

Non-Jury Trial

June 18, 2018

June 18, 2018

Notice of Hearing Summary Judgment

June 25, 2018

June 25, 2018

Protective Order

July 13, 2018

July 13, 2018

Ex Parte Action With Order

July 13, 2018

July 13, 2018

Disclosure Plaintiff's of Expert Witness

Sept. 5, 2018

Sept. 5, 2018

Case Details

State / Territory: Washington

Case Type(s):

Indigent Defense

Key Dates

Filing Date: April 3, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All indigent persons who have or will have juvenile offender cases pending in pretrial status in Grays Harbor County Juvenile Court, and who have the constitutional right to appointment of counsel.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Washington, State

Case Details

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to lawyers or judicial system

Confidentiality

Fines/Fees/Bail/Bond

Juveniles

Quality of representation

Discrimination Basis:

Age discrimination

Reproductive rights:

Fetus Identity