Last month, Washington state lawmakers rejected a plan to use a new income tax to help pay for lawyers for criminal defendants, despite warnings of a growing public defense crisis. Apparently, the rising public defense costs — driven by new state caseload standards — could push county governments toward bankruptcy and bring the state’s criminal justice system to a standstill, county officials say.
THE NUMBERS
Washington’s counties paid more than $200 million to provide public defense services in 2024, Young’s group estimated. The state picked up less than $6 million of those costs that year. The Legislature has since boosted its contribution to $13.6 million annually. Unfortunately, this is merely a fraction of current costs, especially with the new caseload standards ramping up.
BACKGROUND
Early versions of the Legislature’s new tax on annual incomes over $1 million – commonly called a “millionaires tax” – would have directed between 5% and 7% of the revenue to county and city public defense costs. However, that language was stripped out of the bill that ultimately passed last week.
Instead, local governments could lose more than $300 million per year due to sales tax breaks in the new income tax plan. Apparently, those losses will make paying for public defense even harder.
Washington’s counties have long shouldered most of the cost of providing attorneys to criminal defendants who can’t afford them — a right guaranteed in the state constitution. This problem is ongoing. In 2023, the state Association of Counties sued the state, accusing the Legislature of shirking its duty to pay for those services. That lawsuit is ongoing.
Also, last year the state Supreme Court issued an order last year requiring public defenders to sharply reduce their caseloads. The new standards cut maximum felony and misdemeanor caseloads by roughly two-thirds. Counties have up to 10 years to fully comply, but must steadily reduce caseloads toward the new limits each year. Meeting those standards will more than triple public defense costs statewide, Young estimated.
My opinion? Public defenders continue to face funding issues. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.
