Justice on Hold: Accused Walk Free as New Caseload Standards are Implemented

Olympia, WA —In Spokane County, it’s catch and release when it comes to those accused of crimes.

Criminals are released without arraignment because the Public Defender’s Office is reaching caseload limits. Only three days into November, 15 days into October, and nine days into September, the public defender’s office has refused cases until the start of the following month.

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.

“Victims go without justice and criminals are walking free, regardless of whether police have the resources to arrest and detain them” said Derek Young, WSAC Executive Director. “When counties can’t provide lawyers, it’s dangerous for everyone. Communities will pay the price.”

Public Defense Faces Crisis as Funding Gaps Persist

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 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.
• 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 with a Budget Fix

“All counties across Washington agree: the State’s system of funding public defense is outdated, unsafe, and unjust,” Young added. “To make good on Washington’s constitutional commitment, we urge you to fund 50% of the public defense burden by 2031, starting next session,” he said.”

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