November 2009

Justice in Jeopardy: A View from the House

by Representatives Jamie Pedersen and Jay Rodne

Access to justice is a nonpartisan issue, and we must strive to maintain it as such. The foundation of our society — that we are a representative democracy premised on the rule of law — derives its legitimacy from the notion of “equal justice under the law.”

Although we represent different constituencies and come from different political perspectives, we understand the importance of our court system, the role that justice plays in sustaining and preserving our democracy, and the need for that system to be funded at levels that ensure timely, fair, and effective justice in civil and criminal cases.

As chair and ranking members of the House Ways and Means and Judiciary committees, we have been deeply involved in efforts to implement the Justice in Jeopardy Initiative — the judicial branch’s multi-biennial effort to address systemic funding and capacity failures that undermine the availability, quality, and fairness of civil and criminal justice in our trial courts. We have worked together with a solid bipartisan commitment to this effort.

Our justice system plays a central role in our democracy. Our courts are the place where we peaceably resolve disputes between citizens and between citizens and their government. In order to work effectively, to secure and retain the public’s trust and confidence, our courts must be open, be accessible to all, and be (and be perceived to be) administering justice fairly.

Our trial courts must be adequately funded, fully accessible, and responsive to the needs of all who appear before them. Indigent defendants facing the prospect of the loss of liberty, and low-income civil litigants faced with issues ranging from eviction and foreclosure to family violence and child residential placement, must have access to the effective assistance of legal counsel. These are not partisan issues — these are issues that go to the heart of our commitment to equal justice under the law.

Sponsors of successful JIJ-related policy bills have included members of both parties from all over the state. Republican sponsors include Representatives Judy Warnick (Moses Lake), Bill Hinkle (Grant County), Charles Ross (Yakima), Skip Priest (Federal Way), and former Representatives Dave Buri (Pullman) and Jim Clements (Selah). Democratic sponsors include Representatives Alex Wood (Spokane), Timm Ormsby (Spokane), Jeannie Darneille (Pierce County), Sherry Appleton (Kitsap County), Brendan Williams (Olympia), and Roger Goodman (Seattle). Members of both caucuses have strongly supported the JIJ funding initiatives as well.

This past session was extremely challenging. We faced a huge deficit and were forced to make deep cuts in programs that Washington state residents have come to rely upon. Yet, despite profound philosophical differences between our two parties, we managed to maintain support for core judicial branch priorities — preserving nearly 96 percent of the new funding that had been appropriated since 2005 to address the crises facing our trial courts, indigent defense, and civil legal aid systems.

The fiscal challenges we faced this year are not going away; they are probably going to get worse. That means every request for new money will be scrutinized as never before. It also means that, like all other components of government, the courts, indigent defense, and civil legal aid providers must continue to find greater efficiencies, learn to find more ways to perform core functions within appropriate resource constraints, and bring to the table policy initiatives that at once save dollars in the short and long term and, at the same time, further the core objectives of the Justice in Jeopardy Initiative.

This is where lawyers and those involved in the justice system at the local and statewide level can be helpful. Those of you who practice in or look to the courts for resolution of your clients’ disputes are primary stakeholders in the success of the Justice in Jeopardy Initiative. In these difficult times, county and state elected officials need to hear from constituents.

We need to understand the challenges that you face; the concrete efforts that are being taken to find greater efficiencies and develop strategies to reduce costs associated with the way our courts and court systems operate; and the difference that the state’s investment in our trial courts, indigent defense, and civil legal aid systems is making in terms of the availability, quality, and fairness of our justice system.

We need to know that justice is a priority. Elected leaders listen. 

Jamie Pedersen is the Washington state representative for the 43rd District. Jay Rodne is the Washington state representative for the 5th District.