High Court Confirms: Counties Have Standing to Defend Residents’ Rights and Safety

Olympia, WA — The Washington State Supreme Court today denied the State’s petition for review in Washington State Association of Counties et al. v. State of Washington.

The Supreme Court’s decision preserves the Court of Appeals’ ruling that counties have the right to challenge the State’s failure to adequately fund public defense — a responsibility the Constitution places squarely on the State. Counties argue that without State action, the system will continue to erode, putting both public safety and individual rights at risk.

“All the counties across the State agree: The State’s system of funding public defense is outdated, unjust, and unsafe. And we need the Court to require the Legislature to fix it,” said Derek Young, Executive Director of the Washington State Association of Counties.

“The Supreme Court affirmed what we have said from the beginning: counties have standing to challenge the State when its failure to adequately fund public defense puts justice on hold for our residents.”

State’s Failure to Adequately Fund Public Defense Created the Crisis

For years, counties have warned that Washington’s public defense system is in crisis.

Nationally, two-thirds of states contribute at least 50% toward public defense. But Washington counties are still waiting. The State’s share hovers around 4%—and that failure has real consequences.

•     Dangerous people can walk free.
•     Poor defendants wait in jail without representation.
•     Victims suffer.
•     Local budgets stretch to the breaking point.
•     Communities pay the price.

These are the consequences of new caseload standards on top of a shortage of public defenders, and not enough county funds to fix it.

“County budgets can’t keep up,” said Young. “They must also fund priorities such as law enforcement, emergency response, public works, elections, and other essential services.”

WSAC Mounted Legal challenge in July 2024

In July 2024, WSAC and several counties filed suit arguing that the State has failed to meet its constitutional duty to fund public defense. In November 2025, the Court of Appeals ruled that counties have standing to bring the case. The State sought Washington Supreme Court review, which the Court denied today.

The Court’s decision keeps the Court of Appeals’ unanimous ruling intact and allows the case to move forward in Pierce County Superior Court.

“Justice shouldn’t depend on a person’s ZIP code or county’s tax base,” Young said. “Counties have done their part. It’s past time for the State to do theirs. Today’s decision ensures the courts will have the opportunity to address that imbalance.”

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

About WSAC:

The Washington State Association of Counties represents all 39 counties, advocating for strong, sustainable partnerships between the State and local governments to ensure essential public services remain stable and effective. 

Media Contact:

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