Wilbur et al v. City of Mount Vernon et al

Filing 395

ORDER EXTENDING TIME OF SUPERVISION re Public Defense Supervisor's 377 Motion to Extend Supervision, by Judge Robert S. Lasnik. (SWT)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 _________________________________ 8 ) ) ) Plaintiffs, ) v. ) ) CITY OF MOUNT VERNON, et al., ) ) Defendants. ) _________________________________ ) JOSEPH JEROME WILBUR, et al., 9 10 11 12 No. C11-1100RSL ORDER EXTENDING TIME OF SUPERVISION 13 14 This matter comes before the Court on the Public Defense Supervisor’s “Motion to 15 Extend Supervision.” Dkt. # 377. The period of supervision and the Public Defense Supervisor’s 16 authority under the Memorandum of Decision (Dkt. # 325) is hereby extended until July 1, 2017, 17 in order to allow a smooth transition from the Supervisor to the newly-appointed Public Defense 18 Auditor. The Auditor shall be subject to the protections and prohibitions of paragraphs 3-7, 9, 19 and 12 of this Court’s April 22, 2014, protective order (Dkt. # 356) during the remainder of the 20 period of supervision (and shall have access to client information in order to assist Mountain 21 Law in carrying out the representation thereafter as agreed between the Auditor, the Cities, and 22 Mountain Law). 23 Although the conditions that warranted imposition of an injunction no longer prevail in 24 the Cities of Mount Vernon and Burlington, the Supervisor’s concerns regarding the durability 25 of the remedy achieved in this case are legitimate. The Court accepts the Cities’ representation 26 that they will continue their efforts to guarantee a constitutionally adequate system of public ORDER EXTENDING TIME OF SUPERVISION 1 defense and encourages them to implement policies, procedures, and/or contractual provisions 2 that reduce attorney turnover in the public defender office, allow adequate municipal supervision 3 of the public defense system, and govern the selection and removal of independent conflict 4 counsel. 5 6 As the Court noted at oral argument, the quality of the advocacy in this litigation and the 7 willingness of the Cities to address the constitutional deficits in their public defense system over 8 the past three years are to be commended. 9 10 Dated this 20th day of April, 2017. 11 12 A 13 Robert S. Lasnik United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER EXTENDING TIME OF SUPERVISION -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?