Unfunded Mandate Threatens to Decimate Public Safety and Local Budgets

OLYMPIA, WA – July 7, 2025 – Today, the Washington State Association of Counties (WSAC) issued a grave warning regarding the Washington State Supreme Court's Order on public defense caseload standards.

The Court's unfunded mandate to drastically reduce caseloads for indigent defense attorneys will cripple county budgets, compromise public safety, encourage costly litigation, and bring Washington’s justice system to its knees.

"We appreciate the Supreme Court, once again, acknowledging the crisis in our public defense system, but their solution places an impossible burden squarely on the shoulders of counties," said Derek Young, Executive Director of WSAC. "Washington is unique among states, relying almost entirely on locally generated revenue to fund the justice system and the constitutionally guaranteed right to counsel. This order, without significant state support, is an unfunded mandate that will devastate county finances and jeopardize the safety of our communities."

Effective January 1, 2026, the order mandates severe reductions in caseload standards:

• 47 felony case credits per year for full-time felony attorneys;
• 120 misdemeanor case credits for full-time misdemeanor attorneys; and
• 250 commitment case credits for full-time civil commitment attorneys.
• While phased implementation over ten years is permitted with a minimum 10% annual reduction, the impact will be felt immediately.

The new caseload standards will at least triple direct costs for counties. With demand for public defenders exceeding the current workforce supply, the cost per full-time equivalent (FTE) is expected to increase significantly. Contract public defenders will increase their rates per case, assuming they are willing to take on indigent cases at all.

The ripple effect will extend beyond direct legal costs. "Indirect costs will also spike, including capital needs and the necessity for additional prosecuting and judicial staff to handle the increased demand for courtroom hours,” said WSAC President and Lincoln County Commissioner Rob Coffman. "This will create massive backlogs impacting both the criminal and civil justice systems."

The most alarming consequence of this unfunded mandate is the direct threat to public safety. "When no public defenders are available within 72 hours, the accused must be released," warned WSAC Legislative Steering Committee Co-Chair and Chelan County Commissioner Kevin Overbay. "As a result, fewer crimes will be charged and, chillingly, even violent criminals will be released if no defender is available. In fact, it’s already happening throughout the state."

The Washington State Association of Counties urgently calls upon the Legislature and Governor Ferguson to act immediately and decisively. "Without State support, public safety and the criminal justice systems could fail," emphasized WSAC Vice President and Clallam County Commissioner Mark Ozias.

State lawmakers must:

• Ensure full funding of the public defense system. The right to counsel is a constitutional duty; it is a state responsibility that impacts every community in Washington. According to the State Auditor, most county budgets are already in danger and cannot shoulder this burden alone.
• Create and implement a public legal workforce development and retention strategy for every region in Washington. Even if fully funded, there aren’t enough legal professionals entering public service to meet these caseload standards. We need a sustainable pipeline of talent to meet the critical need in all roles in public law, including prosecutors, public defenders, and legal support staff.
• Partner with local governments to absorb specialty cases (e.g., juvenile, competency) by utilizing statewide and regionalized staffing. The current model is unsustainable and places an undue burden on local jurisdictions. Neighboring states have recently decided to run their entire public defense systems at the state level.

"The time for action is now," said WSAC Board Member and Pierce County Executive Ryan Mello. "Our communities' safety and the integrity of our justice system depend on the Legislature stepping up to fully fund this essential constitutional right. Counties cannot bear this burden alone without severe consequences for all Washingtonians."

Media Contact:

Derek Young, Executive Director, WSAC
Email: dyoung@wsac.org
Phone: (360) 999-0029
Website: www.wsac.org