HomeMy WebLinkAboutDISCUSSION re Caseload Standards for Indigent Defense JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSHOP AGENDA REQUEST
TO: Board of County Commissioners
FROM: Kate Dean, Commissioner, District 1
DATE: October 21,2024
SUBJECT: Letter to WA Supreme Court regarding new caseload standards for
indigent defense
STATEMENT OF ISSUE:
The Washington State Supreme Court is taking comments on proposed new caseload standards for indigent
defense, increasing the cost of providing this critical service.
ANALYSIS:
Currently, Jefferson County pays 97% of the cost of providing defense to low income defendants in
legal matters. Providing indigent defense is a Constitutional duty of the State, who contributes only
3%. Jefferson County shares the Association of Counties assertion that this is unconstitutional and
has joined both litigious and legislative efforts to remedy this. While these efforts have so far been
unsuccessful, the Supreme Court is considering new caseload standards that will greatly increase
the cost of proving indigent defense. While the BOCC is unlikely oppose the standards themselves,
passing this cost on to Counties,particularly small, rural counties like ours, could result in poor
outcomes. Already there is a shortage of defense attorneys in rural areas; this would create further
demand statewide. Not having enough attorneys would stress an already over-extended system and
could result in less attorney capacity for these defendants. And ultimately the Prosecutor would
need to decide which cases to try based on availability of defense attorneys, not on which cases
would provide the best outcomes for safety,justice, families, victims and our community.
Additionally,taking more funds from the general fund would require cuts to other services the
county provides.
FISCAL IMPACT:
In 2024 Jefferson County provided $920,076 to defend the indigent here; the state provided $29,406. The
Prosecuting Attorney's office estimates conservatively that the new caseload standards would increase this
cost by 150%.
RECOMMENDATION:
and a rove/ sign/Consider the attached draft letter, discuss any amendments, pp gn/ send to the Court before
October 31, 2024.
REVIEWED BY:
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Mark McCauley, my Administrator Date
pF Co ass Board of County Commissioners
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4Yr,k4 1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
'`S�IING� Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3
October 21, 2024
Clerk of the Supreme Court
P.O. Box 40929
Olympia, WA 98504-0929
supreme(ccourts.wa.gov
To the Clerk of the Supreme Court of Washington,
The Jefferson County Board of County Commissioners share the Washington State Supreme
Court's commitment to providing fair and skilled legal defense for our indigent residents. We
currently support 97%of the cost to do so and seek diversion, restorative and therapeutic options
whenever feasible. We have reduced our jail population and fund an alternative-to-detention facility
for juveniles. We work closely with our Sheriff and Prosecuting Attorney on progressive,
preventative, community-based public safety.
In light of this, it is with concern that we face the proposed caseload standards under consideration
by the Court. To be clear, it is not the caseload standards themselves we object to, but rather the
State's refusal to adequately fund indigent defense, a Constitutional duty.
As a rural county with a high cost of living, it is extremely difficult to attract, recruit and retain
qualified defense attorneys; finding twice the number we currently have is unimaginable. We
conservatively estimate that the new caseload standards would Increase our cost of indigent defense
by over 150%, to be covered by our general fund, of which 2/3 is already committed to the justice
system. We will be facing cuts to other programs that the general fund supports, such as youth
recreation, family functional therapy or substance use prevention, which are "preventative factors"
for high-risk behavior.
The State of Washington currently funds approximately 2-4% of the cost of indigent defense which,
as the Court is well aware, is a right guaranteed by our Constitution. For example, in 2024
Jefferson County provided $920,076 to defend the indigent here; the state provided $29,406. Should
the state decide to adequately fund this system, or provide qualified attorneys, instead of pushing it
to Counties with extremely limited revenue sources, it might be possible to reduce caseloads as
proposed if the legal capacity in the state otherwise existed. But without additional capacity from
the state, Counties-particularly low population, economically distressed, rural counties-will be
forced to choose between bad options.
Phone (360) 385-9100 jeffbocc@co.jefferson.wa.us
With an inability to hire enough defense attorneys, prosecuting attorneys will be incentivized to
charge fewer cases, providing less opportunity for early intervention through therapeutic courts or
other remedial measures. Only the most serious cases might be charged, creating a culture of
permissiveness around crime, which is demoralizing to communities. Offenders of lesser crimes
may become offenders of more serious felonies. These are the very real potential outcomes in
Jefferson County.
The defense attorneys that Jefferson County contracts with are competent, skillful, caring
professionals that provide excellent representation to the indigent population. We recognize their
hard work and recently negotiated a significant increase in their contract. We have no interest in
short-changing the rights of defendants nor over-burdening their attorneys.
Should the Administrative Office of the Courts, the Legislature or your honorable Court decide to
adequately fund indigent defense and new caseload standards, our concerns would be moot. But
short of a clear and committed mandate for funding, we must oppose the new standards due to the
detrimental effect they will have on our ability to provide adequate representation, and the other
impacts to our county's ability to provide essential services to our residents.
We appreciate your taking comment on this important issue and implore you to consider the
negative, unintended impacts to Counties like ours. We also encourage the Court to weigh the
implications of the state failing to uphold its constitutional duty by failing to fund indigent defense
and leaving it to economically burdened Counties to fulfill this critical work,resulting in a
patchwork of unequal access to justice.
Thank you for your consideration,
Sincerely,
Kate Dean, Dist. No. 1 Heidi Eisenhour, Dist. No. 2 Greg Brotherton, Chair, Dist. No. 3