News

In the Court of Paw: Do dogs belong in the courthouse?

May 18, 2024 – Prosecutors, police and victim advocates generally support the use of courthouse facility dogs in assisting victims and witnesses during court testimony, but what about the accused? The presence of a dog creates undue sympathy for witnesses and prejudice towards defendants.

Man’s best friend is finding employment opportunities within the justice system, with more and more pooches across the country obtaining the job title of “courthouse facility dog,” a dog that is trained to participate in legal proceedings. According to the Courthouse Dogs Foundation, as of April 12, 2024, there are 22 courthouse facility dogs in Washington State and 322 courthouse facility dogs (and growing) across the U.S. overall.

Advocates for the use of courthouse facility dogs cite that the dogs’ presence assists with comforting anxious and traumatized witnesses in criminal trials. While admirable, their presence may be going further than legislation intended – some dogs are even dressed up before trial and have their own dedicated social media accounts. Defense lawyers are rightfully concerned about what that means for the fair representation of their clients, who are seldom provided the same compassionate comforts and positive publicity.

“A dog signals to a jury that an alleged victim is sympathetic, needy or vulnerable,” stated Washington Appellate Project attorney Jan Trasen in an article interview with the Wall Street Journal (WSJ). “The accused person doesn’t get to sit there with props.”

There are no shortage of dog lovers in the offices of the Washington Appellate Project. The office refrigerator shows as much, with numerous pictures of staff’s pets covering the front. Dogs are loved and precious creatures, but perhaps do not belong in an environment where the goal is fair and equitable justice.

“I love dogs,” added Trasen, whose very own canine companion, Bear, was trained at a juvenile detention center before joining Trasen’s family. “I just don’t think they belong in courtrooms.”

Read more on the issue: The Bone of Contention – WSJ Article

Client at the center of Supreme Court’s Blake decision has passed away

October 6, 2023 – Washington Appellate Project grieves the loss of Shannon Bowman, also known as Shannon Blake, who passed away unexpectedly on August 14, 2023. Bowman, represented by Washington Appellate Project attorney Richard Lechich, was at the heart of the famous Supreme Court case, State v. Blake, that struck down Washington’s unconstitutional drug possession law.

Bowman’s obituary describes her as a “child-at-heart who marched to the beat of her own drum.”

The Blake decision was monumental in changing lives for the better, overnight impacting those who were previously charged and convicted under the unlawful drug possession statute. “Shannon’s case has given many people hope and a second chance, and many of my other clients are thankful for that,” Lechich said in an interview. “I’m proud and grateful that I was able to represent her in the Washington Supreme Court.”

We are deeply saddened by Bowman’s passing, and are grateful that Bowman sought to appeal and that her appeal connected her with our organization. This article from The Olympian further highlights the impact of Bowman’s case and how she was able to change the lives of those around her.

Death penalty eliminated from Washington State statute

April 20, 2023 – After five years since the Washington Supreme Court ruled the death penalty as unconstitutional, Governor Inslee signed the bill this Thursday afternoon striking the death penalty language from state law.

“It’s official,” Inslee proclaims on Twitter. “The death penalty is no longer in state law. In 2014 I issued a moratorium. In 2018 the state Supreme Court deemed the death penalty unconstitutional. Now in 2023, passage of SB 5087 strikes it entirely from our statutes.”

Governor Inslee signs Substitute Senate Bill No. 5087, April 20, 2023. Relating to removing language from the Revised Code of Washington that has been identified by the justices of the supreme court or judges of the superior courts as defects and omissions in the laws pursuant to Article IV, section 25 of the Washington state Constitution.
Primary Sponsor: Sen. Pedersen

In 2018, Supreme Court ruled in the famous State v. Gregory case that Washington’s death penalty was unconstitutional. WAP Attorney Lila J. Silverstein and Attorney Neil Fox, both of whom represented Mr. Gregory on appeal, were invited to the signing of SB 5087.