Will Slashing Public Defender Caseloads Ensure Justice for Indigent Defendants in Washington?

Introduction

The state Supreme Court of Washington is mulling over a proposal to reduce the volume of cases public defense attorneys handle each year, with the aim of providing better legal representation for indigent defendants statewide. The question is whether such a move would put to rest persistent challenges and guarantee timely and effective counsel for these defendants. Jason Schwarz, head of the Snohomish County Office of Public Defense and chair of the Washington State Bar Association’s Council on Public Defense, admits that there is no easy solution. He states, “Ultimately, it is about money. I don’t know how the state and local governments are going to figure it out.”

The Case for Reducing Caseloads

The Council on Public Defense started a comprehensive review of the existing Standards for Indigent Defense Service in January 2022. According to the American Bar Association, the National Center for State Courts, and the RAND Justice Policy Program, public defenders should handle far fewer than 150 felony cases. The Washington State Bar Association recommends new maximums of 47 felony or 120 misdemeanor cases in a year, phased in over three years, depending on the severity. The reduction is equivalent to roughly 60% and would relieve overworked attorneys, who are resigning in large numbers. The bar association also wants the court to increase minimum support staff requirements, revise attorney qualifications to enable lawyers to handle cases faster, and reduce caseloads.

Concerns about Implementation

Reducing caseloads by roughly 60% will require hiring many attorneys, which local government leaders fear they won’t be able to find or pay. Furthermore, if the Supreme Court sets new minimum staffing levels for paralegal and other support staff, it will compound the challenge. According to Lindsey Hueer, the government relations advocate for the Association of Washington Cities, “A rigid requirement doesn’t make sense for all of the circumstances we have. It might actually create problems that are not already there.” Budget constraints may also force cities to cut critical programs, including funding for other court staff and human service programs that help prevent criminal behavior. Even if the state provides money, cities will still not be able to hire “triple the number of public defense attorneys,” as stated by Candice Bock, government relations director.

The Role of Justices and Possible Outcomes

Justices will hold a hearing next month to consider the request and are seeking the public’s opinion on whether it is a good idea. They can accept, reject, or modify any or all of the proposals put forward by the Washington State Bar Association and its Council on Public Defense. Any decision will be handled like a court case, with a confidential discussion among the justices before voting. According to Justice Mary Yu, “What is different than cases, is that we can talk with anyone about the proposed rule before we act.”

The Bottom Line

Washington Supreme Court is deliberating on a proposal to dramatically reduce caseloads for public defenders by up to 60%, with the aim of providing better legal representation for indigent defendants statewide. The plan requires hiring many lawyers and increasing the minimum support staff requirements, which local government leaders fear will be a challenge to fulfill. Justices are considering the proposal and have the option to accept, reject or modify any of the proposals.

Originally Post From https://washingtonstatestandard.com/2024/07/17/wa-supreme-court-considers-cutting-public-defender-caseloads/

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