Title Image

September 2026

September 28, 2026 In Press Release By Admin

Trial Court Denies OPD’s Motion to Dismiss WAP’s Lawsuit

On September 2, 2026, the Office of Public Defense (OPD) moved to dismiss the complaint filed by the Washington Appellate Project (WAP), claiming that WAP lacked standing to sue OPD and “fail[ed] to state any claim” in its lawsuit.

Last Friday, the Trial Court disagreed and denied the majority of OPD’s motion, finding that WAP has standing to sue OPD and that the case may proceed with the claims WAP has raised. The Court did dismiss some claims for relief related to the failed mediation between WAP and OPD, but WAP’s other claims would move forward. These active claims are related to OPD’s responsibility to support effective appellate defense and to provide the funding WAP needs to represent its current clients.

WAP continues to prepare for further proceedings currently scheduled for November. WAP is also seeking relief through the Washington Supreme Court and has filed a Motion for Discretionary Review on the Trial Court’s denial of the preliminary injunction that would keep WAP operating during the lawsuit.

Without a contract, WAP will need to close its doors by the end of December, potentially leaving nearly 500 clients without appellate counsel and causing significant delays in the resolution of their cases.

This also means the loss of 5 dedicated support staff and 27 attorneys with nearly 200 collective years of appellate public defense experience between them.

September 2, 2026 In Article Sharing, News By Admin

After spending half his life in prison, Washington Appellate Project client freed based on youth and extraordinary rehabilitation

September 2, 2026 – On August 31, 2026, James Ellis was released from prison following a successful appeal by the Washington Appellate Project. Mr. Ellis pleaded guilty to second-degree murder in 2008 and was sentenced to 25 years at the age of 18. He was resentenced in 2021 following the Supreme Court’s Blake decision. However, in November 2025, the Supreme Court decided that the 2021 resentencing failed to account for Ellis’s youth in 2008. It ordered a full resentencing.

On August 28, 2026, Judge Stanley Rumbaugh conducted a new sentencing hearing. The court considered how Mr. Ellis’s young age in 2008 mitigated his conduct. In deciding the appropriate sentence, Judge Rumbaugh said the facts of the offense showed an element of youthful impulsivity as well as peer pressure. “[There was] no thought of how this would affect the future.” Judge Rumbaugh considered Mr. Ellis’s childhood and surrounding environment and recognized that “violence can be a learned response.”

The court also reviewed Mr. Ellis’s extraordinary record of rehabilitation, including education and job training. The court was particularly impressed with his wildland firefighting. Mr. Ellis’s grueling and dangerous work saved lives and communities, and he was regarded as a “hero.” His years as a firefighter fueled his passion for environmental issues [1, 2]. One of Ellis’s defense attorneys pointed out not only is his work as a firefighter remarkable, it demonstrated his ability to successfully reenter society: “He’s been in the community, and he’s been successful.”

The courtroom was packed with Mr. Ellis’s loved ones and supporters. His older son, now 19, addressed the court and shared an emotional account of the positive impact his father has had on him. Mr. Ellis’s attorneys and other supporters addressed the court’s concerns about reentry, explaining that Mr. Ellis has housing set up, arrangements to get a phone and basic necessities, and a large support system. A representative from the Department of Corrections also appeared at the hearing, ready to assure the court that they were prepared to release Mr. Ellis as soon as Monday the 31st.

The prosecution asked for a sentence of 20 years and 5 months. However, Judge Rumbaugh did not believe 33 more months in prison was necessary to Mr. Ellis’s rehabilitation. He recognized, “Mr. Ellis has accomplished more inside of prison than many people accomplish from the outside.” In front of Mr. Ellis’s family and supporters, Rumbaugh decided: “Mr. Ellis will be released forthwith,” Mr. Ellis walked out of prison on Monday after serving 18 and a half years.

Read more: Pierce County judge calls imprisoned man’s firefighting ‘remarkable,’ sets him free.

[1] Expecting the Unexpected: Why wildland firefighters think about heat when it’s cold

[2] In the face of danger: a personal account of wildland firefighting

 

 

 

September 1, 2026 In Press Release By Admin

PRESS RELEASE: OPD Refuses Agreement with WAP, Proceeding to Trial in the Fall

FOR IMMEDIATE RELEASE

Press Contact:

Gabe Villarreal, Staff Attorney

gabe@washapp.org

 

September 1, 2026 – Last Friday, the Washington Appellate Project (WAP), Washington’s only nonprofit appellate public defense firm, and the State Office of Public Defense (OPD) met for mediation. The goal was to move the parties towards an agreement that allowed WAP to provide ethical and effective appellate assistance of appellate counsel as the State Constitution requires.

The parties reached no such agreement. “We are, of course, disappointed,” says Greg Link, WAP’s Executive Director, “But, again, our goal remains the same: a contract that allows us to ethically serve our clients as the Constitution requires. We hoped mediation would result in that outcome. It unfortunately did not.”

“But what we want people to remember is that our office collectively has more than 200 years of appellate defense experience,” says Link. “We are the most experienced and diverse group of appellate defenders in Washington. Our senior attorneys have handled some of the most important appeals in this State and in the nation. Many of our young attorneys came to us from federal and state supreme court clerkships or have extensive backgrounds in trial public defense. And we use this broad range of experience to effectively advocate for our clients.”

“OPD’s proposed pay-per-case model squanders that talent and experience,” says Link, “Our clients deserve better.”

Pay-per-case models pay attorneys for certain events during a case and are discouraged by the Rules of Professional Conduct (RPCs) that govern attorneys. That’s because per-case models disincentivize quality time on a case and instead incentivize quick work for quick pay. As ethic professors from Washington’s law schools agree, such contracts are unethical under the RPCs and case law.

They’re also unsustainable. “OPD’s proposal would force us to choose between serving our clients effectively and filing enough briefs every month to stay open,” says Link. “That’s an impossible choice that hurts our clients. They deserve better.”

With mediation over, the parties will begin preparing for trial set for some time in November. WAP is also appealing the trial court’s denial of a preliminary injunction that would keep WAP operating during the lawsuit.

Without a contract, WAP will have to close its doors at the end of December, potentially leaving nearly 500 clients without appellate counsel.