New Washington State Association of Counties Study Details Public Defense Caseload Changes and Cost

Counties Call for Urgent State Action to Address Constitutional Crisis

Olympia, WA — Washington State’s public defense system has reached a critical tipping point, placing counties, courts, and constitutional rights under severe strain. A new report from the Washington State Association of Counties (WSAC) shows that local governments are shouldering more than 95% of public defense costs, despite the state’s constitutional responsibility to ensure the right to counsel.

Washington State is now a national outlier in public defense funding. Only three states, Arizona, Mississippi, and Nebraska, contribute less state funding than Washington. Meanwhile, statewide public defense costs are projected to at least double, if not triple, over the next decade due to newly adopted caseload standards from the Washington Supreme Court that dramatically reduce workload standards for public defenders.

Key takeaways from the WSAC Public Defense Report include:

1. The right to counsel is a state constitutional obligation. Delegating administrative responsibilities to local governments does not relieve the state of its responsibility.
2. Washington is a national outlier in public defense funding. Only Arizona, Mississippi, and Nebraska contribute less.
3. Local governments lack the capacity to adequately fund public defense. Counties face revenue limits and lack the necessary statutory authority to control caseload drivers.
4. Underfunding has produced systemic constitutional failures. Excessive caseloads, inadequate counsel, and resulting injustices have been documented by decades of litigation.
5. Justice depends on geography. The quality of defense varies based on local revenue, not legal standards.
6. Public safety is compromised when defense systems fail. Courts stall, cases are delayed, and accountability breaks down.
7. New caseload standards make reform unavoidable. Without major state investment, compliance is impossible.

Counties are already struggling to keep up. In many jurisdictions, public defense consumes, on average, 12% of county general funds. With strict revenue limits and no authority to control criminal caseloads, counties are being forced to fund growing state and federal constitutional obligations without the tools or capacity to do so – meaning counties will be forced to choose between public safety and the constitutional rights of the people.

The consequences are already visible. Courts are delaying cases, public defenders are turning away new clients, and justice increasingly depends on geography rather than constitutional standards. In Spokane County, for example, the public defender’s office has been forced to stop accepting new cases early each month due to capacity limits.

“The right to counsel is a state constitutional obligation,” said Derek Young, WSAC Executive Director. “Delegating administration to counties does not relieve the state of its responsibility. Without major, sustained state investment, Washington State risks widespread court disruptions, inequitable justice, and systemic constitutional failures.”

WSAC urges the Legislature to act now by significantly increasing state funding, modernizing the public defense system, and realigning responsibility with the state’s constitutional duty. Failure to act will not only strain county budgets — it will undermine public safety, court operations, and the fundamental promise of equal justice under law.

Read the full Public Defense White Paper here.

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

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Who We Are – Washington State Association of Counties

Created in 1906, the Washington State Association of Counties (WSAC) is a voluntary, non-profit association serving Washington’s 39 counties. WSAC members include elected county commissioners, council members, and executives.

WSAC provides various services to its member counties, including advocacy, training, workshops, and a forum to network and share best practices. WSAC also serves as an umbrella for affiliate organizations representing county road engineers, local public health officials, county administrators, county planners, emergency managers, county human service administrators, solid waste managers, clerks of county boards, and others.

Media Contact:

Mitch Netzer, Senior Manager, Business Development & Communications, WSAC
Email: mnetzer@wsac.org
Phone: (360) 485-8549
Website: www.wsac.org