Cost of public defense could rise on Palouse

The solution to Washington’s public defense crisis could lead to an increase in cost for counties providing the service.

Whitman County Prosecutor Denis Tracy said everyone has a constitutional right to a competent lawyer, and counties are mandated to provide attorneys to people who can’t afford them.

Washington has faced challenges with a shortage of public defenders in recent years. Tracy said a commonly cited reason for the shortage is that large caseloads and low pay are forcing lawyers out of the profession and dissuading new attorneys from entering the workforce.

He said some counties have offered hiring bonuses as incentives when searching for new public defenders but are still coming up short.

The Washington State Supreme Court in 2012 established a maximum annual caseload of 150 felonies and 300-400 misdemeanors for full-time public defenders, Tracy said. On the other side of the system, however, there are no court-imposed limits on how many cases prosecuting attorneys can take on, he said.

The Washington State Bar Association and its Council on Public Defense have brought a new proposal to the Washington Supreme Court to amend the standards for indigent defense by slashing the felony caseload limits public defenders handle annually by two-thirds — which would put the limit at 50 felony cases a year.

The court has allowed comments from cities, counties, attorneys and justices, which Tracy said range across the board. Some argue the system overhaul would attract more public defenders, while others contend more limitations would burden counties.

Tracy said Whitman County currently contracts three individual attorneys to provide the service for $400,000 divided between them annually. Its newest agreement will increase pay to $550,000 divided between the three in 2025.

He adds the county has a total of approximately 150 felony cases handled by public defense each year, and around 500-600 misdemeanors.

If the proposal were approved, he said Whitman County would need to hire six more attorneys, which would cost the county an additional $1 million per year.

Tracy is skeptical how more limitations would help other cities across the state. He said larger counties across the state like Benton, Franklin, King and Yakima already struggle from a lack of attorneys.

With the present caseload limits, Tracy said there are not enough public defenders to represent every indigent defendant. This results in those accused of crimes waiting long periods before receiving the council they are constitutionally guaranteed, or being let go because no representation could be produced.

“Public defenders have a court-imposed limit — and in my editorial comments, justifiably so,” he said. “But the bottom line is, people are going to keep committing crimes. … Holding (defendants) for a long amount of time or letting them go even on serious charges are no good solutions.”

The Supreme Court has not ruled on the proposal to reduce the public defender felony caseload limit, nor has it announced when it might. A final public hearing on the changes put forth by the Washington State Bar Association was held in mid-November. Justices last met Dec. 4; no new details have been released since then.

Pearce can be reached at epearce@dnews.com.