BY PEPPER FISHER
Olympia – It felt like a long time coming to those in the criminal justice system, but the state Supreme Court has finally announced a decision on the issue of lowering the caseloads for public defenders. This after the State Bar Association complained of an unsustainable loss of public defenders in our state due to burnout from excessive caseloads.
The court on June 9 ruled on a new substantial reduction in caseload limits for public defenders that can be phased in over the next decade, to take effect on January 1, 2026.
They will eventually reduce public defender caseloads to 47 felony cases or case credits, and 120 misdemeanor case credits by 2036. Case credits, as opposed to just cases, are intended to account for serious or complex charges that require more investigation and resources.
These new limits will eventually cut caseloads by roughly two-thirds from where they are now. That means many more public defenders and the staff that support them will need to be hired, if cities and counties can find them and lure them. That said, the court’s decision to phase in the change over a decade is a significant improvement to the initial proposal, which had recommended a two-year implementation. Also, when and if communities can find new lawyers along the way, the big question becomes, “Where do we get the money to pay them?”
Here’s Clallam County Prosecutor Mark Nichols.
“I can’t speak for why the state Supreme Court did what it did. I want to believe that they may have implemented the phased approach over a 10-year period recognizing that that would build in some time, and allow for the state legislature to take a more critical look at funding for indigent defense on a statewide basis. I think there needs to be some important discussions that occur between cities, counties, and the state legislature regarding who’s going to pay for all of this. And so, are the changes significant? Yes. Were they as profound as we were bracing for? No.”
The biggest impact to the local criminal justice system will likely be to the Clallam County Public Defenders Office, whose job it is to see that every citizen’s constitutional right to an attorney is fulfilled, and we intend to present a follow-up story from that office’s angle.
But while we had Nichols in the studio, we asked him to give us his thoughts on a scenario in which there aren’t enough public defenders to go around, and his office is forced to consider prosecuting fewer cases.
“Because our felony activity is down, I don’t actually anticipate there’s going to be significant impact in the Superior Court arena. In the District Court arena, that’s where I think we’re going to wind up needing to start paying closer attention, and sooner as compared to later. We may wind up being impacted their. And so my approach and philosophy as County Prosecutor would be to keep those crimes that are most impactful from a public safety perspective on the menu for charging. And so, things like driving under the influence of alcohol or intoxicants or other drugs, any violent crime perpetrated against a person, or a domestic violence offense, in particular. Those would be the most important cases to prioritize in the District Court arena.”
The high court’s ruling will have caseloads cut back by about 10% annually over 10 years beginning this coming January 1.