Title
Briefing on Washington State Revised Public Defense Standards
Recommended Action
Committee Recommendation:
Discussion only. No action requested.
City Manager Recommendation:
Briefing only. No action requested.
Report
Issue:
Whether to receive a briefing on how Washington’s Revised Public Defense Standards will impact the Public Defense Program.
Staff Contact:
Diane Whaley, Public Defense Coordinator 360.753.8507
Presenter(s):
Diane Whaley, Public Defense Coordinator
Background and Analysis:
In Washington, the responsibility for providing and overseeing public defense services has been delegated primarily to local governments. RCW 10.101.030 requires cities and counties to adopt standards for the delivery of public defense services and provides that the WSBA Standards shall serve as guidelines.
On March 8, 2024, the Washington State Bar Association (WSBA) adopted revised Standards for Indigent Defense Services (WSBA Standards). The WSBA Standards provide caseload limits and other requirements related to public defense services. In particular, the revised standards will, over a three-year period, drastically reduce the number of public defense cases an attorney is able to accept each year.
The current Washington Supreme Court’s Standards for Indigent Defense (“Court Standards” found in CrRLJ 3.1) allow for a public defender to take 400 case credits maximum/year. Currently, a case assignment typically counts as 1 case credit.
The new standards will be phased in over three years. The following are the maximum case credits that will be allowed per public defender under the WSBA standards for misdemeanors and gross misdemeanors:
Phase 1: 280 case credits (July 2025 through June 2026)
Phase 2: 225 case credits (July 2026 through June 2027)
Phase 3: 120 case credits (July 2027 onward)
The City budgets $636,903 to contract with eight public defenders, both part and full time. This is the equivalent of 4.6 full time public defenders. Staff estimates that the new standards will require an additional $656,000 and the equivalent of 3 full time public defenders January through June 2025 and the equivalent of 6 full time public defenders July through December 2025. Staff will brief the Finance Committee on the impact the new standards will have on the public defense program.
Climate Analysis:
Washington’s revised public defense standards do not impact climate.
Equity Analysis:
Public Defenders are assigned to individuals who are not able to afford a private attorney. These individuals are often unhoused, unemployed, and impacted by mental health and/or substance abuse issues. Lowering the caseload of each attorney will allow for more time dedicated to each case.
Neighborhood/Community Interests (if known): None
Options:
Discussion only
Financial Impact: [include the detail in your presentation]
The City Council appropriated $636,903 in 2024 to contract for public defense attorneys. The new standards are estimated to impact the general fund budget by $656,000 in 2025.
Attachments:
None