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.