Counties brace for $1M amid public defense overhaul

DAVENPORT — Rural counties across Washington are bracing for potential financial strain as the state Supreme Court considers significant changes to public defense services.

Lincoln County Prosecuting Attorney Adam Walser is voicing concerns that these changes could lead to a $1 million upcharge here and in other rural counties.

The proposed legislation aims to reduce the number of cases public defenders can handle annually, a move that Walser believes will have devastating financial implications for Lincoln County.

“It is pretty clear where this is going to go,” Walser stated. “What I am going to say is subject to what we think they are going to do. If things go the way we expect them to go, it will be devastating. Lincoln County just won’t be able to afford it.”

Walser’s analysis, which reviewed caseloads from 2022 and 2023, concluded that Lincoln County would require a public defense budget close to $1 million a year to meet the new standards.

“There is no way we would be able to support that,” he said, noting that the county currently relies on a contract public defender to manage its workload, which is significantly less than that of larger counties like Whitman.

In Whitman County, Prosecuting Attorney Denis Tracy echoed Walser’s concerns, highlighting the financial strain these changes could impose on small jurisdictions.

“If they impose these new caseload limits, we will need nine full-time attorneys instead of three, and that’s going to cost at least $1.5 million annually,” he warned. “We’re talking about an extra $1 million a year for a service that’s already being provided effectively.”

Tracy explained that Whitman County does not have a traditional public defender’s office but contracts with private attorneys to provide public defense services.

“Whitman County currently has a contract with three different public defenders,” he noted. “We’re paying these three attorneys about $400,000 between the three of them, and that contract is set to expire at the end of this year.”

Both Walser and Tracy share concerns about the potential consequences of the proposed legislation on the criminal justice landscape.

“I am very apprehensive about what the criminal justice landscape is going to look like after this,” Walser said. “It will result in a lot of decriminalization. Maybe that is the point, and maybe it’s not. It is not a good thing for Whitman County, Lincoln County, or any county. That is my concern. Decriminalization is a bad thing for any county.”

The Washington State Bar Association (WSBA) has been advocating for reduced caseloads, citing overwhelming demands placed on public defenders that hinder their ability to provide effective representation.

The proposal suggests cutting the number of felony cases a public defender can take on from 150 to just 50, which could drastically alter how public defense operates across the state.

Walser is skeptical of the one-size-fits-all approach to public defense, emphasizing the unique needs of smaller counties.

“This drastically changes the standard of indigent defense,” he stated. “It is exactly wrong for the part of the state that is not suffering. Most rural counties do not have a public defense crisis like in Yakima or King County.”

Tracy, too, expressed skepticism regarding the WSBA’s recommendations.

“The state bar is citing a ‘think tank’ study by the RAND Corporation, which I don’t care about,” he said. “What happens in public defense in Indiana or Florida has no bearing on what’s happening here.”

As discussions continue in the Supreme Court, both Walser and Tracy remain committed to advocating for their communities’ interests.

“We’re talking about an extra $1 million a year for a service that’s already being provided effectively,” Walser concluded. “It’s crucial that we maintain a system that serves our residents without imposing undue financial burdens.”

The Washington Supreme Court is expected to hold hearings next month to discuss the WSBA’s recommendations, with public input being sought until the end of the month.