Washington will more than double the money it sends to counties for public defenders in an attempt to reduce strain on the legal system, state lawmakers decided in the two-year budget they passed Sunday.
Yet the state will still cover less than 10% of what counties are spending on public defense, and those costs are increasing, so advocates say serious problems with the system may continue.
Low pay, high caseloads and changes in the legal field have led to public defender shortages in communities across Washington, sometimes depriving defendants of proper representation and hampering prosecutions.
The budget headed to Gov. Bob Ferguson's desk allocates $27.2 million to counties and cities for public defense, up from $10.6 million in the previous biennium, according to the Washington State Association of Counties.
"It will help, for sure," Derek Young, the association's interim executive director, said Monday. "And it's nowhere near what we need."
County officials wanted the Legislature to pass a bill requiring the state to cover at least 50% of their public defense costs, and that proposal attracted early support from a diverse group of Democrats and Republicans.
But the big-dollar proposal stalled as lawmakers grappled with other spending priorities, looming federal cuts and a multibillion-dollar deficit.
"With the budget realities we were facing, I knew my legislation was a longshot," Rep. Strom Peterson, D-Edmonds, who sponsored the bill in the House, said Tuesday. "But it was important to start having a discussion."
Rather than commit to a permanent 50-50 split, the Legislature went with a smaller budget boost. At the least, the move means lawmakers are paying attention to Washington's public defense crisis, Young said.
"The conversation reached the Legislature this year in a way it never has before," said Jason Schwarz, director of Snohomish County's public defense office.
The extra money may not plug every hole in every community but it represents a significant investment and could make a difference, Schwarz said.
The right to legal representation, including for defendants who can't afford to pay for their own attorneys, is rooted in the U.S. and Washington constitutions. A huge number of the state's criminal defendants qualify.
Most other U.S. states pay for public defense, but Washington's counties and cities have long shouldered that burden with very little assistance.
Their costs have doubled since 2012 to more than $200 million annually, while the state has constrained their ability to raise taxes, Young said.
Especially in Central Washington, counties have struggled to find and retain public defenders. The American Civil Liberties Union of Washington has sued Yakima County for allowing defendants to languish in jail without attorneys.
"We're starting to see cases where suspects are being released" because the county in question can't provide timely representation, Young said.
Peterson called public defense "not only our constitutional obligation but also our moral obligation." Without defenders, the entire legal system can break down, putting public safety in jeopardy, said the lawmaker, who serves on the Snohomish County Council in addition to the state Legislature.
Washington lawmakers passed a bill last year to train new attorneys as defenders and prosecutors in rural areas. They declined bills last year and this year to help new defenders and prosecutors repay their law school loans.
The Legislature is giving counties a bit more leeway to raise local sales taxes for spending on the legal system, Young noted. Some of that could go to public defenders in addition to police officers, he said.
Meanwhile, counties may soon see their costs escalate because of new rules for public defenders. The Washington State Bar Association voted to enact lower caseload limits for defenders last year, and the Washington State Supreme Court is currently considering whether to endorse the revamp.
Proponents say the new limits, if implemented, will curb burnout and attract more recruits. County officials say the altered rules will exacerbate staffing shortages by reducing the cases each defender can handle. Either way, counties will need to hire more defenders or prosecute fewer cases.
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