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1. What is the right to counsel?

The Sixth Amendment to the United States Constitution guarantees you the  right to be assisted by legal counsel during criminal proceeding. If  you cannot afford legal counsel and meet the federal poverty guidelines, you will be provided legal counsel at the city’s expense.

2. Who qualifies for public defense services?

The public defender cannot represent you until the Judge appoints  him/her to your case.  In order to qualify you must be indigent, and  thus unable to pay for the services of a private legal attorney. RCW 10.101.010 defines indigent, and explains the requirements that must be  met in order to qualify as indigent.

3. How do I apply for a public defender?

Each court is different. At Gig Harbor Municipal Court, you will have  the opportunity to apply for a public defender at your first hearing by  completing the application located inside the courtroom. The judge will  review your completed application and make a determination of whether you qualify for public defense services. You may also apply for public  defense services at any point during the case.

4. Who will my public defender be?

If the judge has determined that you qualify for public defense  services, an attorney from the Pierce County Department of Assigned  Counsel will be appointed to your case. You will be notified in writing  by the Court Clerk of your attorney’s name and contact information  before you leave the courtroom.  In most cases the attorney assigned to your case will be the same attorney present during your arraignment.

5. What is my public defender able to assist me with?

A public defender has the same responsibilities as a private defense  attorney, including but not limited to, being present during all of your court appearances, answering your questions regarding the case, and providing legal advice in your case. If your case proceeds to trial, a public defender will perform the same actions as would a private attorney, including execution of discovery, deposing witnesses, calling  witnesses during trial, and cross-examining the prosecution's witnesses  during trial. A public defender is also able to negotiate with  prosecution during pre-trial proceedings, potentially reaching a  resolution not requiring a jury trial.

6. What is my public defender unable to assist me with?

A public defender is unable to assist you with any legal questions unrelated to the case to which he/she has been assigned. Areas public defenders are unable to assist with include cases in which charges have not yet been filed, appeals of any kind, civil infractions, and Department of Licensing (DOL) hearings regarding your driver’s license.

7. How do I contact my public defender?

View the Pierce County Department of Assigned Counsel's staff directory.

8. What do I do if I feel that my public defender has not met his/her responsibilities, or if I have other concerns?

If you are concerned with the conduct of your public defender, please  use the contact information below to report your concern.  In your  correspondence, please provide your name and case number, and  specifically identify the issues that are creating your concern.  You  may email, mail, or personally deliver your correspondence to:

 Pierce County Department of Assigned Counsel
 Attn: Michael Kawamura
 949 Market Street, Suite 334
 Tacoma, WA 98402
 (253) 798-6062

Email Michael Kawamura

Additional information about lawyer conduct is available at the Washington State Bar Association webpage.