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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.

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

 

 

 

August 25, 2026 In Press Release By Admin

PRESS RELEASE: Status Hearing Follow-Up

FOR IMMEDIATE RELEASE

Press Contact:

Gabe Villarreal, Staff Attorney

gabe@washapp.org

 

 

(August 25, 2026) – On August 21, 2026, at a hearing in superior court, the Office of Public Defense (OPD) agreed to mediation with the Washington Appellate Project (WAP) over key funding provisions of a contract for appellate defense services. WAP has sued OPD on its own behalf and on behalf of its indigent clients because OPD’s current funding proposal threatens WAP’s ability to serve its clients ethically and effectively.

“We are glad that OPD agreed to mediate this case with us,” says Greg Link, WAP’s Executive Director. “We have asked OPD to attend mediation with us on several occasions in the past year, both before and after we filed our case. We are glad that OPD has agreed to mediation now, and we appreciate the trial court’s support for mediation.”

Mediation is currently set for Friday, August 28, 2026. If mediation is unsuccessful, then WAP will begin preparing for trial on an accelerated basis, with a trial date set for some time in November.

WAP has also asked the trial court to certify two questions for review in the appellate court: (1) whether a public appellate defense organization has a right to reasonable compensation for its services, and (2) whether a contract provision in an appellate public defense contract is against public policy and thus unenforceable if it fails to provide compensation reasonably necessary for effective representation.

WAP has forecasted that it has enough funds to keep its doors open until December 26, 2026. After that, and absent any change in circumstance, WAP will have to close its doors, leaving over 500 indigent clients without the effective assistance of appellate counsel guaranteed them by the State Constitution.

“Our goal through all of this remains the same,” says Link, “a contract that allows us to serve our clients ethically and effectively.”

 

For over 30 years, WAP has upheld the highest standards of appellate defense, winning landmark victories like State v. Gregory and State v. Blake on behalf of indigent clients.

Please direct all press inquiries to gabe@washapp.org.

August 24, 2026 In Article Sharing, News By Admin

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.