Counties Sought Public Defense Funding, Now Face Further Cuts Instead 

FOR IMMEDIATE RELEASE: Counties Sought Public Defense Funding, Now Face Further Cuts Instead 

Washington’s counties face a triple threat to their budgets: property taxes capped below inflation, skyrocketing legal liabilities, and the costly responsibility of delivering the State’s constitutionally mandated public defense system, which will at least triple in cost over the next decade. Counties cannot carry these burdens alone.

Washington’s system for funding public defense is outdated, unsafe, and unjust — and counties are calling on the Legislature to act. When counties cannot provide attorneys, courts delay cases or release individuals, victims wait without resolution, and communities bear the consequences.

Earlier this legislative session, counties expected real relief. A proposal passed by the Senate dedicated 7% of the new high-earners tax to public defense, acknowledging the dire need to stabilize and sustain this constitutional responsibility. That funding would have created the stable support counties need to maintain law enforcement, emergency response, public works, elections, and other core services.

The latest proposal, negotiated with the Governor, eliminates the public defense carveout and adds several sales tax exemptions. This change directly reduces county budgets by over $275 million, jeopardizing counties' ability to fund essential services, such as public safety, courts, and emergency response. The only offer to address these losses is a vague promise to make up “some” of the shortfall, leaving counties uncertain about how they will sustain these critical services.

“We understand the debate around the proposed tax is contentious, and there are reasonable arguments for both sides of the bill,” said Derek Young, Executive Director of the Washington State Association of Counties (WSAC). “But we don’t understand why it’s being used to gut basic services that our residents rely on. It’s reckless and dangerous. Washington needs a sustainable, long-term solution for public safety and justice. Counties have carried this burden for far too long. It’s time for the State to meet its constitutional obligation and commit to a durable, long-term funding solution.”

For nearly two decades, counties have warned that the system is unsustainable. Recent State-mandated public defender caseload reductions, while aimed at improving quality, require counties to rapidly expand their public defense workforce without the funding to match the requirements.

Nationally, two-thirds of states contribute at least 50% toward public defense. Washington contributes about 4%, leaving counties to shoulder nearly the entire constitutional obligation.

The consequences of the underfunded system are already visible across the state:

• Courts have released individuals when attorneys are unavailable.
• Defendants with low incomes remain in jail without representation.
• Victims wait without timely resolutions.
• County budgets strain under rising costs.

WSAC and its member counties urge the Legislature to reject this deal and work with counties to take immediate, concrete action to resolve public defense funding shortfalls. If lawmakers fail to act, courts will continue struggling to assign counsel quickly enough. “The quality of justice a person receives should not depend on income, ZIP code, or a county’s tax base. If the goal is to reduce inequities in our tax code, we cannot do so by deepening inequities in our justice system,” Young said.

“It’s the State’s constitutional obligation to ensure every Washingtonian has access to justice. Counties have done their part; it’s long past time for the State to do theirs,” he said.

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About WSAC

The Washington State Association of Counties represents all 39 counties, advocating for local solutions and celebrating innovation that strengthens communities. Learn more at wsac.org.

Media Contact

Derek Young
Executive Director, WSAC
dyoung@wsac.org | 360.999.0029