Spokane Public Defense Crisis is Putting More Criminals Back on the Streets

Olympia, WA — In Spokane County, the Public Defender’s Office reached its caseload limits just 9 days into September and 15 days into October. This means that individuals accused of crimes may wait in jail for up to 72 hours without legal representation—and then walk free if no attorney can be assigned.

The Washington State Association of Counties (WSAC) is calling on the Governor and Legislature to take immediate action to address the growing public defense crisis across the state.

“This is not a future threat. It’s happening now,” said Derek Young, WSAC Executive Director. “When counties can’t provide lawyers, dangerous people can be released, victims are left without justice, and communities bear the cost.”

Public Defense Faces Crisis Amid Caseload Spike and Funding Gaps

The crisis stems from a combination of factors:

• Washington State Supreme Court set new public defender caseload standards last June. While not in effect until January 2026 and to be implemented over 10 years, the new limits reduce the number of cases public defenders can take on annually, which will require three times the current public defender staffing.
• A statewide shortage of qualified public defenders. Building for years, the shortage threatens the state’s ability to uphold the constitutional right to legal representation. Without immediate state investment, counties warn they cannot recruit or retain enough attorneys to meet the new standards. Without action, the number of individuals accused of crimes and released without trial will continue to rise.
• An unfair public defense funding model. Washington ranks near the bottom nationally in public defense funding. While two-thirds of states contribute at least 50%, our state’s share hovers around 4%, forcing the counties to pay 96% of public defense costs.

“County budgets are breaking under this burden,” said Young. “Counties also need to fund public works, emergency response, law enforcement, transparent elections, public health, and more.”

While counties are doing everything they can to comply, the current system is unsustainable. WSAC emphasizes that even if stakeholders disagree with the public defender’s interpretation of the new standards, counties are legally and ethically bound to follow them until the Supreme Court intervenes or the Legislature provides relief.

The Legislature Must Address This Crisis

“All counties across Washington agree: the State’s system of funding public defense is outdated, unsafe, and unjust,” Young added. “We need the Legislature to fix it—starting this session.”

Spokane, the state’s fourth most populated, is the largest county to see the public defender crisis reach a breaking point. In 2023, the Benton County court had to release five people from jail who were charged with rape and other violent crimes because they couldn’t assign public defenders.

In Yakima County, a defendant charged with assault had his case dismissed after four arraignments without a lawyer. Another woman waited five months for representation.

WSAC urges lawmakers to prioritize public defense funding in the upcoming legislative cycle and work with counties to ensure that every Washingtonian—regardless of income or zip code—has access to timely, ethical legal representation.

For more information about the crisis and proposed solutions, visit www.wsac.org/publicdefense.

Media Contact:

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