PRESS RELEASE: Washington Appellate Project Files Lawsuit to Protect Indigent Clients’ Rights
FOR IMMEDIATE RELEASE
Press Contact:
Gregory Link, Director
(206) 587-2711 ex. 115
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