County officials oppose new court caseload standards

The Washington State Supreme Court is considering changes to court rules that provide standards for public defense. Under the Washington State and United States Constitutions, those accused in criminal prosecutions have a right to an attorney at public expense for their defense. 

The new standards propose:

Lowering the maximum caseloads for public defense attorneys.

Currently, public defense attorneys can be assigned 150 felony cases or 300 misdemeanor cases annually. The new standards move away from a “per case” standard and instead set a ceiling on the number of “case credits” that can be assigned. Case credits are based on the type of criminal charge and the case's complexity. Pierce County is using a model to estimate the staffing needs from these changes, and by 2028, the Pierce County Department of Assigned Council would need an additional 91.5 attorneys.

Setting minimum support staffing requirements for public defense attorneys and offices.

Using the same model, Pierce County estimates the Pierce County Department of Assigned Council will need an additional 92.5 support staff to meet the minimum requirements. 

The Washington State Bar Association (WSBA) and its Council on Public Defense (CPD) requested to amend current standards. The Pierce County Council sent a letter to the Washington State Supreme Court on Wednesday, Oct. 30, formally requesting the high court not adopt these proposed public defense caseload standards, citing significant challenges in implementing the changes within the given timeframe. 

According to the Council letter, the new caseload standards can lead to detrimental impacts on the criminal justice system and essential services across Pierce County, noting an immediate need to increase resources. County officials estimate a need for 28 additional full-time positions by 2025, costing between $9.8 and $11.6 million. By 2028, the staff requirement swells to 184 positions, pushing projected costs to between $34.6 and $42.6 million annually.

The Council acknowledged that current standards need revision, but without further research and preparation, adoption of the proposal is infeasible and detrimental. The Council recommends:

• A Washington-Specific Study to create an informed framework for reform based on state-specific needs.

• Increased state funding for indigent defense to ease the financial burden on counties.

• Workforce expansion initiatives to address the shortage of public defense attorneys in the state.

• A realistic phased implementation plan to introduce changes gradually, with benchmarks to measure progress and the flexibility to adjust timelines as needed.

In Pierce County, public defense attorneys are county employees, with external attorneys stepping in when conflicts arise. Pierce County maintains competitive wages for these attorneys, aligns their pay scale with that of prosecuting attorneys, and ensures benefits comparable to all county employees. Pierce County currently manages caseloads and has been effective at attracting and retaining its public defense attorneys. 

The new caseload standards would triple the County’s number of public defense attorneys. 

Such an increase will strain the County’s General Fund - which supports a wide range of County services – and may lead to impacts on critical services. 

“The Council's position underscores a commitment to enhancing indigent defense but insists that the proposed standards require additional planning, collaboration, and resources to avoid severe repercussions on essential services and overall public safety,” said Council Chair Ryan Mello (District 4).