WA Appeals Court Rules Counties Have Standing to Challenge State’s Indigent Defense Funding System

OLYMPIA, WA – July 22, 2025 – In a significant decision today, the Washington State Court of Appeals, Division II, reversed a lower court’s dismissal of a lawsuit filed by the Washington State Association of Counties (WSAC), and Lincoln, Pacific, and Yakima Counties against the State of Washington. The ruling allows the counties to proceed with their legal challenge to the constitutionality of the State’s current funding system for criminal public defense services.

The lawsuit asserts that the State’s delegation of primary financial responsibility for indigent defense to counties, with minimal state contribution, is unconstitutional. WSAC argues that this system results in inadequate funding and significant disparities in the quality of legal representation for indigent defendants across the State, violating the fundamental rights to counsel and equal protection guaranteed by both the state and federal constitutions.

“Today’s decision is a critical step forward in addressing a long-standing and serious issue within our criminal justice system,” said Derek Young, WSAC Executive Director. “For decades, counties have borne the disproportionate financial burden of providing constitutionally mandated public defense, often stretching resources to their breaking point. This ruling affirms our right to seek a just and sustainable solution that ensures fair access to legal representation for all, regardless of where they live or their ability to pay.”

The court recognized that counties have a direct and vested interest in the integrity and proper functioning of the criminal justice system, including their delegated responsibility to provide indigent defense services that meet constitutional standards.

From the ruling: “…it would also be ‘difficult to imagine’ a party better suited to challenge the alleged systemic constitutional failures of our statutory scheme for providing indigent defense.”

The court also emphasized the substantial public importance of adequate funding for indigent criminal defense, noting the systemic deficiencies in the system acknowledged by the State for over three decades.

Last month, the Washington State Supreme Court issued an order to significantly reduce caseload caps for public defenders, which would more than triple the cost to counties upon full implementation.

“Without substantial investment from the State, we’re going to face a public safety crisis in Washington,” said Lincoln County Commissioner and WSAC President Rob Coffman. “The Governor and Legislature should get straight to work on a full funding solution to protect our residents and their rights.”

With this ruling, the case will now return to the Superior Court to hear the merits of the counties’ claims regarding the constitutionality of the funding system.

Media Contact:

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