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Serving Lincoln County for more than a century!
Requested after state Supreme Court ruling
DAVENPORT — Two Lincoln County judges are lobbying to create a rotating indigent counsel list.
Superior Court Judge Jeffrey S. Barkdull and District Court Judge Dan B. Johnson addressed the Lincoln County commissioners on the idea Monday, March 6 following a state Supreme Court ruling.
That ruling stated that any county without a public defense agency must have an independent rotation of public defenders in cases where the county’s contracted public defender is compromised or in cases with co-defendants.
The ruling also bars the judges from selecting the defenders themselves, as was the case prior to Jan. 1.
Without a public defense agency to consult, the judges approached commissioners to select the attorneys for indigent defense counsel, reasoning commissioners oversee the public defender budget.
“How will we know if they’re qualified,” Commissioner Scott Hutsell asked before questioning if the judges could help recommend attorneys.
“That might be judicial involvement,” Barkdull said.
Johnson said commissioners should make separate lists for superior and dDistrict courts to avoid potential conflicts and “spread the wealth” between attorneys when public defender Dave Hearrean can’t defend a case.
Barkdull also asked commissioners to raise the hourly rate paid to public defenders to $75 an hour.
“But, as you ask around, you may feel it needs to be higher,” he added.
Barkdull also asked commissioners to consider attorneys that wouldn’t automatically disqualify him from trying cases.
He brought up the recent case of Cody J. Magruder, who was sentenced to 73 months in prison on a litany of charges last week. In that case, three judges — including Barkdull, and judges from Adams and Whitman counties — were disqualified by defense attorneys and prosecuting attorney Adam Walser. Eventually, a Stevens County judge oversaw the case.
“Everyone has one freebie (disqualification),” Barkdull said. “I don’t have a problem if people want to disqualify me.
“I’m sitting on Whitman County cases and some in Adams County, but if I appoint someone and they turn around and disqualify me, I say, ‘what is this?’”
“It seems disingenuous,” Commissioner Rob Coffman said.
Johnson said he was facing the same issue.
“I just had one I did today,” Johnson said. “So, now I’m off the case and it’s off to Adams County.”
“This is politically motivated,” Coffman said.
Commissioners questioned whether they should disqualify attorneys believed to be inclined to disqualify the local judges.
“That’s a call you’ll need to make when you make your independent list,” Johnson said.
Before making a list, commissioners agreed to discuss possible steps with Walser.
Further discussion is likely at the county commissioner’s regular meeting Monday, March 20, he said.
Drew Lawson is the editor of the Davenport Times. He is a graduate of Eastern Washington University.
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