“You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney; if you can’t afford one, one will be appointed for you.”
These words, recited upon arrest, protect our Fifth and Sixth Amendment rights and guarantee that we have access to a lawyer. Additionally, the eighth amendment, protecting us from “cruel and unusual punishment,” mandates that “deliberate indifference to the serious medical needs of prisoners” is a violation of the Constitution, meaning proper medical care must be administered to those in custody.
In legal speak, costs for these mandated services are called “indigent defense and jail medical care” and none of the amendments specify how they should be paid for. This has left each state to decide where the spending comes from, and in Washington, it comes almost entirely from county budgets.
Lewis County spends about $1.5 million annually on these mandates, but with new caseload standards about to take effect plus rising medical costs, that figure stands to double or even triple in the coming years, leaving the county on the hook for $3 to $4 million.
This money comes from the general fund, just like funding for the sheriff’s office, which is already facing a budget crisis. If the general fund is further drained by these increased costs, we can expect more law enforcement positions cut and a reduction in emergency services as the county is forced to either raise property taxes or cut spending.
So here’s the question we should be asking: Why is Lewis County on the hook for all this funding?
Washington state historically pays less than 3% of counties’ public defense costs statewide, and although that doubled to 6% this year, that’s still pathetic compared to other states, many of which fully fund these services through their state budgets.
The bulk of funding for federal mandates should not be the responsibility of local municipalities. Blowing a $1.5 million hole in our general fund is one thing, but a $3-$4 million responsibility pushes these costs to nearly 2% of our expenditures at the direct expense of our officers and first responders.
A new way forward is needed.
Thirty-seven other states have figured out how to solve this. They fully or mostly fund public defense at the state level where it belongs, many using progressive revenue sources rather than forcing counties to squeeze property tax payers.
During the 2025 session, Democratic Rep. Strom Peterson from Edmonds sponsored legislation to require the state to cover 50% of indigent defense costs. The bill died during budget negotiations, but it had early Republican and Democratic support and could have directly addressed the problem.
You might assume that at least one of our six representatives here in Lewis County would have been a sponsor of that legislation. We have arguably the most powerful GOP delegation in the state legislature: Senate Minority Leader John Braun, Washington State GOP Chairman Jim Walsh, and other influential Republicans. If anyone could champion this solution to save their counties and constituents money, it should be them.
But no, none of them were involved, except for state Rep. Jim Walsh who sits on the Civil Rights & Judiciary Committee and actively voted against it.
Lawmakers have had plenty of time to come up with solutions, as this impending budget tsunami has been known about for years. Way back in 2018, former Lewis County Sheriff John McCroskey warned us about it and state Sen. John Braun actually did work on the issue. He tried to pass a bill to phase-in state support for counties for these mandates, but he couldn’t get it over the finish line.
Since then, under Trump, the GOP is increasingly viewing public defenders with suspicion. As they lean away from due process and push for harsher criminal penalties and more arrests for drug possession and homelessness, any investment in defense services is seen as prioritizing criminals.
What used to be totally normal fiscal conservatism is now anathema to any Republican who doesn’t want to be shunned by the MAGA base and Trump himself. This leaves politicians like Braun (now a congressional candidate) with only one option: austerity. And this situation is a perfect example of how austerity politics costs you money.
Instead of paying for these services through fair taxation at the state level, where large corporations and the ultra-rich would contribute a few extra bucks, we get stuck with huge local budget deficits and endless levies that cost all of us real dollars every year. The money Lewis County spends on these services could be used to bolster public safety, fix roads, offer relief from housing costs, and expand broadband instead.
Or, think of it this way: an additional $3 to $4 million could mean the reversal of the E-911 sales tax levy we just passed, which brings in roughly $4 million per year. Correcting this regressive funding mechanism could literally put money back in every Lewis County resident’s pocket.
The next legislative session begins in January, and all six of our representatives should be scrambling to solve this problem. Sadly, their “$ave Washington” proposal doesn’t include any relief for the indigent defense and care crisis, which means counties would face impossible choices between law enforcement and other essential services under their plan.
Democratic legislators will hopefully bring this back to the floor next year, and it would be nice if our local reps could move beyond “say no to everything,” swallow their pride and help solve this crisis.
But if their current rhetoric is any indication, it’s more likely they’ll vote to let our county go millions of dollars in the hole while making our streets less safe in the process.
I suppose we should at least be thankful that someone else’s reps are looking out for us.
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Zac Eckstein is chair of the Lewis County Democratic Party. Learn more about the party at https://lewiscountydemocrats.org.
