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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 31^st.

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

Public Statement of Support for the Washington Appellate Project by the Unionized Public Defenders of King and Spokane Counties

August 24, 2026 – Today, unionized public defenders from King and Spokane Counties published a public statement in support of the Washington Appellate Project (WAP).

The statement recognizes WAP’s important role in providing high-quality appellate representation to indigent clients throughout Washington and expresses solidarity with WAP during the organization’s ongoing dispute with the Washington State Office of Public Defense (OPD).

WAP is grateful for the support of our colleagues in the public defense community as we continue working with OPD towards an ethical contract that allows us to serve our indigent clients effectively as the State Constitution requires.

[Article Sharing] WA Supreme Court elections make for momentous primary

(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

Interested in reading more about WAP’s monumental cases?

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.