HomeMy WebLinkAboutWORKSHOP re: Public Defense in Washington State and Jefferson County JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Geoffrey Hulsey& Elizabeth Mustin,Washington State Office of Public Defense
Richard Davies,Jefferson Associated Counsel
DATE: February 9,2025
SUBJECT: WORKSHOP re: Public Defense in Washington State and Jefferson County
STATEMENT OF ISSUE:
The Washington State Constitution affords the right to criminal defense, irrespective of the ability to pay for
legal representation. In our state, approximately 95%of the cost of public defense is borne by counties.
There is statewide sentiment that there are significant challenges facing the public defense system in
Washington State. For background, see the recent TVW documentary called"Tipping Point—Public
Defense in Crisis": https://youtu.be/a)McKszijcg?si=q1Roppa8iR111t473
The Washington State Supreme Court issued orders in 2025 that establish new caseload limits for indigent
defense, effective January 1, 2026,and required to be fully implemented over the next decade. There are
differing perspectives as to whether that decision addresses the root causes of the problem;either way, there
will be significant expense to meet the new requirements.
Staff from the Washington State Office of Public Defense(OPD)have accepted our invitation to present
information related to the public defense system in our state and the recent State Supreme Court decision.
OPD website: https://opd.wa.gov/
The county's current contract with Jefferson Associated Counsel (JAC)for public defense services expires
at the end of this month. JAC has proposed a new five-year contract,which will be presented for Board
approval prior to March 1, 2025. Richard Davies is available to discuss the proposal and how public defense
has been and is proposed to be provided for in Jefferson County.
ANALYSIS:
For additional background, see the following Municipal Research and Services Center of Washington
(MRSC)webpage article: MRSC - 8/28/2025 -Public Defense Standards Are Changing: Part 2
https://mrsc.org/stay-informed/mrsc-insight/august-2025/public-defense-standards-part-2
FISCAL IMPACT:
Jefferson County's costs for public defense have growth substantially over the last decade and are expected
to grow at an even higher rate over the next decade. By the end of the next five-year contract between the
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county and JAC for public defense, as proposed, Jefferson County's annual costs for JAC public defense
services will reach approximately $1.5 million,which is over$1 million more than in 2021, a decade earlier.
Note that there are public defense costs for conflict attorneys, additional case-related expenses,and program
administration that go beyond financial commitments within the JAC contract. Following is a table of
Jefferson County public defense costs from 2016 through 2024, as reported to OPD:
Jefferson County 2016 2017 2018 2019 2020 2021 2022 2023 2024
General Indigent Defense $662,038.00 $562,231.32 $742,928.67 $691,818.19 $ 742,582.00 $ 797,280.76 $799,275. 0 $948,186,60 $1,011,93L70
Adult Felony $ • $ - $ - $ - $ -
Adult Misdemeanor $ • $ - $ - $ 2,405.25 $ 4,506.00 $ 9,437.88 $ 9,437.88
Juvenile Offender $ - $ - $ - $ - S -
Juvenile Dependency/Termination $ - $ - $ - $ - $ -
BECCA Cases $ - $ - $ - $ - $ -
Civil Commitments $ - $ - $ - $ - $ -
71.09 Civil Commitments $ - $ - $ -_$ - $
Extraordinary Criminal Case Expenses $ - $ - $ - $ - ;
Total $662,038.00 $562,231.32 $742,928.61 5694,213.44 $ 747,1':.00 $ 806,718.64 $808,712.88 5948,186.60 51,011,93130,
RECOMMENDATION:
Listen to the OPD and JAC presentations and ask questions, taking advantage of the expertise of our guests.
REVIEWED BY:
►'1 ? i !li 2/5/2026
Jos D. Peters, County Administrator Date