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Update: Supreme Court order Concerning New Standards for Indigent Defense Services Today,
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Update: Supreme Court order Concerning New Standards for Indigent Defense Services
Today, the Supreme Court issued a provisional order concerning caseload standards for public defense services. The order provides a framework for implementing new caseload standards,
with additional details to follow soon.
The order is disappointing, given the unified concerns county leaders expressed throughout the process and the dramatic implications for county budgets and the administration of justice
across our State. We want to share some initial impressions with you before our staff develops a more thorough response plan.
Summary
* New Caseload Limits Effective January 1, 2026: The Supreme Court's order establishes new, stricter caseload limits for full-time appointed public defense attorneys. Specifically, for
any 12 months:
* Felony attorneys - no more than 47 felony case credits.
* Misdemeanor attorneys - no more than 120 misdemeanor case credits.
* Civil commitment - no more than 250 commitment case credits.
* Phased Implementation is Permitted: Although these standards take effect on January 1, 2026, the Court acknowledges the need for flexibility in their implementation. Counties may adopt
a phased approach, with an annual reduction of at least 10% of the difference between current caseloads and the new standards (as measured on January 1, 2026) and full compliance by
2036.
*
Case Counting and Weighting: The Court declined to adopt a mandatory method for case counting and weighting from the proposed standards but strongly endorsed the importance of case
weighting to make caseload limits meaningful. Case weighting is permissible and encouraged. Any such system should rely on written policies and procedures adopted and published by the
local government entity responsible for indigent defense. These policies can utilize methods from the Rand Study or the WSBA's adopted Standards. All policies must, at a minimum, comply
with principles in current court rule Standards 3.5 and 3.6. If no case weighting system is adopted, the maximum caseload count is the actual number of cases referenced above for each
case type.
Analysis
* This increase effectively negates the investments made by the Legislature. The increase from $10.3 million to $27.2 million from the last biennium to this biennium raised the State's
share of trial court public defense spending to 6%.
* Unfortunately, over the next 10 years, caseload standards will triple the cost of providing services at the current level of demand. This increase will reduce the State's biennial
contribution to around 2% of total costs.
* Workforce development must be a top priority for the Legislature. We have heard from our members that compliance with these caseload standards is impossible with the current workforce
in place. There simply aren't enough lawyers.
*
The order is distinct from our ongoing litigation related to public defense funding from the State. Still, it may provide another indication of how the Court is thinking about the issue,
again describing it as a "crisis." The Appeals Court is set to hear our appeal of the trial court's summary judgment ruling on June 16th.
Immediate Next Steps
WSAC is here to support you in understanding and implementing these critical changes. Along with our partners at the Washington Association of Prosecuting Attorneys, we will review the
full implications of this order and provide further guidance, resources, and opportunities for discussion in the coming weeks and months.
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