If you watch enough crime-related TV shows and movies, public defenders sure do seem to get a bad rap. From Law & Order to Better Call Saul, “meet ‘em, greet ‘em and plead ‘em” perceptions and stereotypes persist.
However, the Grays Harbor County Department of Public Defense, which was created in 2019, aims to change those misconceptions with a series of community forums. The most recent was held Wednesday at the Grays Harbor County administration building.
Attorney F. McNamara “Mac” Jardine, who owned and operated her own law practice from 1996 to 2019, heads up the department and says it’s important to educate the public about the existence of the department and what it does. However, Jardine says word of mouth goes much further.
“I don’t think it’s as important as doing one-on-one work,” Jardine said. “All I have to do is show up and represent one person who says, ‘Wow, you’re the best attorney I’ve ever had,’ to me to know they’re telling their friend, who’s telling their friend, that’s how it will happen.”
The community forums also allow the Department of Public Defense to solicit feedback and questions from the public that will also help educate county officials.
“We are getting too many calls from (the) community wondering ‘when did this happen, when did we get a department?’” Jardine said. “I think the (county) commissioners need some real grounded community showing up to ask the questions, tough questions, to make sure they know the answers. They’re all fairly new, only Commissioner (Vickie) Raines has been here as long as me.”
Jardine said a Washington State Supreme Court case “alleging ongoing violations of the right to counsel in Grays Harbor County Juvenile Court” got the Grays Harbor County Board of Commissioners’ attention at the time, which led to the creation of the Department of Public Defense in 2019.
“It was after the Davison v. State case, when that case was filed, the commissioners were advised by their legal counsel that they better start looking at creating something with more uniformity and training involved,” Jardine said.
According to Jardine’s presentation, General Rule 42, adopted in 2023, safeguards the independence of public defense from judicial influence or control, and prevents conflicts of interest from arising if judges control the selection of public defense services.
The presentation also stated that nationwide lawsuits have reshaped public defense systems leading to a set of standards which include the duty to investigate, the duty to form a confidential relationship with the client, the duty to know the law and client communication.
According to its brochure, “the Grays Harbor County Department of Public Defense provides publicly funded defense services to indigent persons when required by law of the Constitution.” Jardine said that due to the economic realities of Grays Harbor County, her department and the services it offers to defendants is crucial.
“If you are a person who has a regular job and you make $50-60,000 a year, and you have a mortgage, and you have a child support payment, and you get accused of a crime, there really isn’t enough money to hire a private attorney,” Jardine said. “So, we have a sliding scale fee where the court can order they be responsible for a portion of it. This is an impoverished community and the bulk of our crimes come out of two jurisdictions, two cities. It’s essential, it’s an absolute essential service.”
Since the department’s inception in 2019, it has actively expanded its staff and continues to do so. Currently, the staff consists of Jardine, attorneys Paul Haggerty, Tracey Munger and Chelsea Raines, and Office Administrator Kira Miller.
The Grays Harbor County Department of Public Defense plans to hold another community forum this fall.
