The Supreme Court Says Be a Good Defense Lawyer!

Just when you think no one values good defense lawyers, the Washington Supremes delivers State v. A.N.J, 68 Wn.2d 91, 225 P.3d 956 (2010). ANJ is, at its core an effective assistance of counsel case, but the language of the court's opinion and its references go so much further.

First of all, ANJ is a kid, a juvenile, charged with a Class A sex offense. Sure, kids don't do life off a Class A sex offense like adults, but once convicted of a sex offense, a youth has to register, possibly serve time at a juvenile facility, do intensive treatment AND most importantly, CANNOT SEAL HIS OR HER OFFENSE. Unfortunately, ANJ didn't get to consider all of this in a meaningful way before pleading guilty to a crime that would haunt him for the rest of his life.

ANJ pled guilty to first degree child molestation when he was 12-years old. He spent very little time alone with his counsel prior to entering a plea of guilty, Most of the attorney's "client" time was spent with ANJ and his parents and even that time was limited.

A highlight from this opinion is when the Court references Washington Defender Association's Standards for Public Defense Services. These are not standards that are required in the practice of defense law, but the Washington State Bar Association has endorsed them and now the Supreme Court of Washington has also. The lawyer in ANJ happened to be a public defender, but many of the standards should guide those of us in private practice as well because the potential failure to provide adequate, let alone meaningful, defense is not limited to overworked public defenders, particularly in the arena of juvenile law. ANJ reinforces the commitment ALL defense attorney should have to providing their client of ANY age with good, solid and thorough lawyering.

The Supreme Court provided some guidelines for what might be necessary to be effective counsel, including: investigation, experts and thorough, private counseling. When I read the opinion for the first time I thought "Obviously!"

I've always been the kind of lawyer ANJ wants us all to be, even when I was a public defender. It was nice to get a shout out from the Supremes!