PRESS RELEASE: Status Hearing Follow-Up
FOR IMMEDIATE RELEASE
Press Contact:
Gabe Villarreal, Staff Attorney
(August 25, 2026) – On August 21, 2026, at a hearing in superior court, the Office of Public Defense (OPD) agreed to mediation with the Washington Appellate Project (WAP) over key funding provisions of a contract for appellate defense services. WAP has sued OPD on its own behalf and on behalf of its indigent clients because OPD’s current funding proposal threatens WAP’s ability to serve its clients ethically and effectively.
“We are glad that OPD agreed to mediate this case with us,” says Greg Link, WAP’s Executive Director. “We have asked OPD to attend mediation with us on several occasions in the past year, both before and after we filed our case. We are glad that OPD has agreed to mediation now, and we appreciate the trial court’s support for mediation.”
Mediation is currently set for Friday, August 28, 2026. If mediation is unsuccessful, then WAP will begin preparing for trial on an accelerated basis, with a trial date set for some time in November.
WAP has also asked the trial court to certify two questions for review in the appellate court: (1) whether a public appellate defense organization has a right to reasonable compensation for its services, and (2) whether a contract provision in an appellate public defense contract is against public policy and thus unenforceable if it fails to provide compensation reasonably necessary for effective representation.
WAP has forecasted that it has enough funds to keep its doors open until December 26, 2026. After that, and absent any change in circumstance, WAP will have to close its doors, leaving over 500 indigent clients without the effective assistance of appellate counsel guaranteed them by the State Constitution.
“Our goal through all of this remains the same,” says Link, “a contract that allows us to serve our clients ethically and effectively.”
For over 30 years, WAP has upheld the highest standards of appellate defense, winning landmark victories like State v. Gregory and State v. Blake on behalf of indigent clients.
Please direct all press inquiries to gabe@washapp.org.