Washington State Criminal Public Defense System “On The Verge of Collapse”
by Cole Goodwin
Goldendale, WA, December 14, 2023 – The Washington Public Defense Office says a shortage of public defenders and flawed caseload standards have pushed the public defense system to the point of near collapse.
Larry Jefferson, Director of the Office of Public Defense, has raised an alarm over the current state of affairs and is urgently calling for reform. In a recent memorandum to the Washington State Supreme Court, Jefferson outlines the crisis and proposes crucial steps to prevent the collapse of the system.
”The criminal public defense system in the State of Washington is on the verge of collapse, and I earnestly implore the Washington Supreme Court to take decisive action,” reads the memorandum.
The core issue at hand is the severe shortage of public defenders. The exodus of experienced attorneys from public roles is a troubling trend for the office, and has placed the entire criminal justice system under immense strain.
Jefferson says that the exodus is due to high caseloads and inadequate compensation. In addition the current caseload standards, which were established decades ago, do not reflect the complexity of modern cases, leading to an unsustainable workload for the defenders. Jefferson's memo also points to the ineffectual certification process, which places undue pressure on individual attorneys rather than addressing systemic issues.
The shortage has led Jefferson to make three pivotal requests to the Supreme Court:
90-Day Moratorium
Jefferson is asking for a 90-day moratorium on the assignment of new felony out-of-custody clients to public defenders, starting January 1, 2024. This temporary pause is intended to provide some relief to the overburdened defenders.
Restriction on New Assignments
The second request involves restricting assigning authorities to only appoint new clients to public defenders if their current open caseloads are below 60% of the state's caseload limits. This measure aims to prevent further overloading of defenders.
New Caseload Standards
Finally, Jefferson is urging the adoption of new caseload standards. These standards, currently under development by the Washington State Bar Association's Council on Public Defense, are expected to reflect the modern complexities of legal cases more accurately.
The implications of the crisis are far-reaching. Not only does it impact the public defenders, but it also compromises the quality of legal representation for defendants, especially those with ow-income. The situation also raises serious concerns about the state's ability to uphold constitutional rights and provide fair legal processes under such circumstance.
While Jefferson’s proposed immediate actions might keep the system afloat for now, solutions to the systemic problems influencing the situation could be a long time coming.
Larry Zeigler, the Franklin County Office of Public Defense Manager, told the Tri-City Herald, “I’m not going to stand here and tell everybody that I’ve got all the answers or that there is any panacea…It’s taken us years to get to this point and it’s going to take us years to get out of it. It’s going to be an incremental process.”
