Council on Public Defense proposed revised standards for indigent defense and caseload limits

Last week, the Washington State Bar Association (WSBA) Board of Governors voted to adopt revised public defense standards, including reduced caseload limits. The WSBA standards provide guidance for cities and counties.

The revised standards were proposed to the WSBA by the Council on Public Defense and were based on a response to a national study suggesting existing indigent defense attorney caseloads were too high given the complexity of cases and the increased case management duties from issues such as law enforcement body camera footage.

While AWC supports careful consideration of the caseload standards for indigent defense attorneys, the proposed standards are not financially feasible for local governments. Regardless of whether a city contracts with their county or provides their own public defenders, the financial implications of the WSBA adopted standards are drastic and untenable. Additionally, even if funding were available, there is an inadequate workforce to meet the proposed caseload standards given the current shortage of public defense attorneys in the state and nationally.

AWC sent a letter to WSBA prior to adoption of the indigent defense standards expressing our concerns with the proposed rule.

The WSBA guidance is effective immediately but is just that—guidance. It would not become mandatory unless and until either the Supreme Court adopts it as a mandatory standard or there is a change in state statute.

AWC is requesting your feedback on how changes to the standards would affect your court operations and budgets. Contact Lindsey Hueer.

Want more? Watch the recordings of the March 7-8 board meeting. Or go straight to the hearing and vote on public defense proposed revised standards for indigent defense and caseload limits.