Reversed and remanded for resentencing under Luthi. Ball was sentenced while in an in-court holding cell, and the Court never made any individualized finding the restraint was necessary. The State failed to prove that this constitutional error was harmless.
(Published Opinion) – Personal Restraint Petition granted, finding that DOC’s practice of assigning inmates to their cells as programming is unlawful.
(August 6, 2026) – This Seattle Times article highlights some of the Washington Appellate Project’s greatest wins in the context of this year’s primary election, where five positions in the WA Supreme Court were on the ballot.
“This fall’s election results could chart a new path for the court, which in recent years has often moved aggressively, and often faster than the state Legislature, on some high profile issues. It declared both the death penalty and the state’s drug possession law unconstitutional and it has made significant changes to court rules to try to stamp out racial bias.“
Read the article here: WA Supreme Court elections make for momentous primary
State v. Gregory – WAP Attorney Lila Silverstein and co-counsel Neil Fox won State v. Gregory in 2018, where the WA Supreme Court ruled the death penalty as unconstitutional. In 2020, Lila and Neil were recognized by the ACLU and WSBA for their work. The death penalty language was officially struck from our statutes in 2023.
State v. Blake – WAP Attorney Richard Lechich won State v. Blake in 2021, decriminalizing unknowning drug possession. Although Shannon Blake (aka Shannon Bowman) sadly passed away in 2023, her appeal continued to change lives and give people across the state a second chance.
GR 37 & Batson reform – Lila Silverstein has also been leading the fight against racial bias in our juries. She wrote significant portions of GR 37, which protects against racial bias in jury selection. GR 37 was adopted by the WA Supreme Court in 2018. Lila has continued to teach in classrooms and symposiums around the nation, educating others about GR 37 and Batson reform.
FOR IMMEDIATE RELEASE
Press Contact:
Gabe Villarreal, Staff Attorney
July 21, 2026 – The Washington Appellate Project is a nonprofit organization that represents indigent people on appeal in criminal and child welfare cases. The Project filed an emergency lawsuit on July 20, 2026 against the State of Washington and the Washington State Office of Public Defense (OPD) challenging OPD’s funding of appellate public defense.
The Legislature created OPD to ensure the constitutional guarantee of effective representation on appeal. For over thirty years, The Project has contracted with the State and OPD to provide that effective representation, handling thousands of appeals on behalf of indigent clients. The Project’s cases have included system changing cases like State v. Gregory overturning Washington’s death penalty and State v. Blake overturning Washington’s simple-possession law. The Project currently has more than 500 clients with cases in various stages of appeal.
The lawsuit alleges that OPD’s current funding proposal threatens The Project’s ability to serve their clients ethically and effectively. “The constitution guarantees people the right to appeal a conviction and the right to an effective attorney for that appeal,” says Greg Link, The Project’s Director. “The Legislature has guaranteed the same to indigent parents who face losing their children in child welfare cases. OPD’s funding proposal prevent us from effectively and ethically serving our indigent clients. OPD abandoned its proposed model over 10 years ago for that reason. But they want to go back to it now.”
“Our clients are in the toughest position any person could be in,” says Link. “They face incarceration; they face losing their kids. But the Legislature and the Constitution both guarantee our clients an effective advocate to stand by their side and fight for their rights. OPD shouldn’t bargain their rights away and force appellate defenders into unethical representation.”
Read the Washington Appellate Project’s complaint against OPD and the State of Washington here: Full Complaint