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Home My WebLink AboutWORKSHOP re: Public Defense - Slideshow 020926Public Defense in Washington Caseload Standards Implementation and County Government Implications Elizabeth Mustin, Supervising Attorney, Office of Public Defense Geoffrey Hulsey, Managing Attorney, Office of Public Defense February 9, 2026 Overview: Public Defense Funding Public Defense Delivery Systems State Funded Public Defense WA State OPD: Parents – Dependency and Termination Appellate and Post Conviction Forensic Civil Commitment: 71.09 and NGRI Blake – Vacate and New Cases in Courts of Limited Jurisdiction Youth Access to Counsel Statewide Supports: Funding, Training, Recruitment Support, Internships, Technical Assistance WA State OCLA: Children – Dependency and Termination Eviction Defense Blake Vacates And Many Other Civil Legal Aid Programs Today: County and City Funded Public Defense Counties: Adults & Youth Charged with Crimes Civil Commitment - Involuntary Treatment Act Youth Civil (ARY, CHINS) Civil Contempt Cities: Misdemeanor & Gross Misdemeanor Role of State OPD Drilldown 10.101 Funding Data Collection Other Supports Chapter 10.101 RCW Funds Comprise a Small Portion of County Public Defense Expenditures 7 Jefferson County Public Defense Expenditure 8 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 Expenditures Jefferson County Public Defense Spending 10.101 Reports 9 Small County Public Defense Spending 1043,00045,15033,70023,95023,450$1,416,510.05 $927,335.50 1,011,931.70$637,533.14 $427,181.79 OKANOGAN DOUGLAS JEFFERSON PACIFIC KICKITAT SIMILAR SIZED COUNTIES Population Expenditures Public Defense Delivery Systems Public Defense Delivery Systems County Public Defense Agency Non-Profit Public Defense Agency Other Changing Map Public Defense Delivery Systems County Public Defense Agency Non-Profit Public Defense Agency Other 2005 2025 Local Sources of Funds -General Fund -Special Taxes -Limited Grant Funding Limitations on Local Funding Limitations in Current State Funding for County and City Public Defense Low state funding does not adequately address rising costs Cities–Competitive grants don’t give stability, and don’t foster substantial change. Counties–Grant amounts are not at meaningful levels. RCW 10.101.050-.080 Public Defense Costs are Going Up. Wages: Parity with prosecutors Competitive rates—Recruitment Inflation Complexity of Cases: Volume of Discovery Type of Discovery Use of Experts Support Staff: Mitigation / Social Workers Investigators Common Reasons for Cost Increases Public Defense Legal Mandates The U.S. and Washington Constitution RCW 10.101 Public Defense Legal Mandates Rules of Professional Conduct WSBA Standards Court Rule 3.1 Caselaw Overview: Public Defense Standards The Path to Reform RAND STUDY RETENTION CRISIS SUPREME COURT REQUEST FOR REVISION NPDWS case types and associated hours •CASE TYPE HOURS/CASE •Felony High – LWOP 286 •Felony High – Murder 248 •Felony High – Sex 167 •Felony High – Other 99 •Felony – Mid 57 •Felony – Low 35 •High Level DUI 33 •Low Level DUI 19 •High Level Misdemeanor 22.3 •Low Level Misdemeanor 13.8 •Probation Violations 13.52 Which Three Would Most Entice You to Stay in Public Defense? 0%10%20%30%40%50%60%70%80% More acceess to investigation Less courtroom wait time Restorative justice & diversion Add'l legal assistants More social workers More fair treatment from Bench More reasonable prosecution Better benefits Lower caseloads Higher pay # of Answers: 395 WSBA Standards Drilldown Caseloads Qualifications Non-Lawyer Support Local Adoption Prior Caseload Limits Per year, a full-time, fully-supported attorney should be assigned no more than: 150 Felonies or 400 Misdemeanors (300 if Case- Weighted) or 250 Juvenile Offender Cases Caseloads = Measurements of Time At 1650 case-related hours per year: 150 Felonies = 11 Hours/Case 400 Gross/Misdemeanors = 4 Hours/Case 250 Juvenile Offender Cases = 6 Hours/Case WSBA Standards for Indigent Defense Should serve as guidelines to city and county governments. RCW 10.101.030 Reduce per-attorney criminal caseload limits based on national study. Increase ratio of attorneys to: legal assistants, investigators, and social services providers. Adjust qualification requirements for various levels of cases. Updates the appellate and family defense caseload limits, which impact OPD contracts. Supreme Court Order/Court Rule 3.1 Addresses only those areas the Court can regulate: Attorney caseloads Access to essential support services (paralegals, office space, etc.) Court cannot regulate salaries or contract details or staffing levels Court Rule: 10% decrease over 10 years (maximum) Starts at existing caseload levels PD System Related Litigation WASC et. al v. State of WA Al-Tharwa v. Yakima (ACLU) State v. M.E. Legislative Efforts SB 5912: Task Force SB 5914: Funding Millionaires Tax Revenue Elizabeth.Mustin@opd.wa.gov Geoffrey.Hulsey@opd.wa.gov