Abortive Case A Wake-Up Call Rules Are Rules Like It Or Not, Courts Have To Enforce Them.

Fri., March 12, 1999

Lunell Haught

Superior Court Judge Kathleen O’Connor got our attention earlier this week when she dismissed a third-degree rape charge because Spokane County had taken too long to appoint a public defender. She referenced the Revised Code of Washington 10.101, which states that regardless of financial status, a provisional public defender shall be appointed. The public defender will continue with the case if the defendant is eligible based on financial need. The county Corrections Department processes the public-defender requests.

We are sickened that there is no day in court for the alleged victim at this time. Rape is a crime that should be reported and prosecuted. Yet, in dismissing the charge, O’Connor has pointed out that in this country, we are innocent until proved guilty; we have a right to a defense even before determining financial need; and finally, the state has an obligation to play by its own rules.

In these rush-to-judgment days, it is easy to let our hard-won freedoms erode. We are centuries away from the capriciousness of kings and the might-makes-right mentality. Most of us are confident that we won’t get caught in a nightmare legal trap. We believe our courts’ safety mechanisms will protect us.

At the same time, we feel anxious about drug addicts, rapists and thieves. And we are tempted to relax the safeguards of the justice system to go after them.

O’Connor’s decision told the community there is a set of rules, established by the representatives of the people of the state. These rules should be followed to protect any one of us. Her decision also told the community that the criminal justice system isn’t working well and hasn’t been for some time.

Her ruling finally drew some attention to the problem of how requests for public defenders are processed. We hope her decision will prompt some much-needed action.

It isn’t difficult to judge between a right and a wrong. What judges do is make decisions between great rights. This time, those rights were the presumption of innocence and a fair and speedy trial for the accused vs. a day in court for the alleged victim.

A well-managed system would make these decisions less difficult for those victimized by, or accused of, horrible crimes.

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