AWC sent a letter to the Washington Supreme Court last week expressing our concerns about the Washington State Bar Association (WSBA) Board of Governors’ recommended changes to the Washington Standards for Indigent Defense. AWC is seeking to work collaboratively with the Court and legislators on indigent defense issues, but we are still concerned about potential impacts.
Council on Public Defense proposed revised standards for indigent defense and caseload limits
March 19, 2024
Earlier this month, 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, and also were submitted as a recommendation to the Washington Supreme Court.
The standards adopted by the WSBA Board of Governors are not binding; however, revisions to the caseload standards will be binding if adopted by the Washington Supreme Court or imposed in statute by the Legislature.
The revised standards were proposed to the WSBA by the Council on Public Defense based on a response to a national study which suggested that existing indigent defense attorney caseloads are too high, citing factors such as increased complexity of cases and new workload requirements from reviewing 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, if imposed as a mandate, would be drastic and unsustainable. 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. Since then, we have heard from many cities with concerns about this issue. We will soon be reaching out directly to the Supreme Court with our concerns and will continue to work to ensure that your voices are heard.
In the meantime, AWC is requesting your feedback on how changes to the standards would affect your court operations and budgets. Please provide input to Lindsey Hueer.
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