The Washington Supreme Court is seeking input on proposed changes to the Court’s adopted standards for public defense. The proposed new standards include lowering maximum caseloads for public defense attorneys, revising some qualification requirements, and setting minimum support staffing requirements.
Public comments are being accepted on proposed amendments to three Washington Court Rules establishing state standards for indigent defense. Comments must be received by October 31, 2024. Comments may be sent by email to supreme@courts.wa.gov or by U.S. Mail to P.O. Box 40929, Olympia, WA 98504-0929.
Additionally, Supreme Court justices will host two public hearings on the proposed amendments, with the first scheduled for September 25, 2024. More details on location, time and format will be announced in September.
The amendments were requested by the Washington State Bar Association (WSBA) and its Council on Public Defense (CPD).
“Public defense in Washington is facing a crisis of attrition and an inability to recruit staff brought about by excessive workloads and poor compensation. Attorneys are resigning from the public defense profession in droves because they cannot continue the work given the volume of cases,” wrote the WSBA and CPD in their summary of the requested amendments.
In response to this growing crisis, the CPD began a comprehensive revision of WSBA’s Standards for Indigent Defense Services in January 2022. A national study released in July 2023 recommended reducing public defense workload standards; these recommendations were considered in the CPD study. The Council presented recommendations to the WSBA Board of Governors for significantly revised standards in early 2024.
The WSBA Board adopted these recommendations in March 2024 and voted to forward them to the Supreme Court with a recommendation that they be incorporated into the Washington Supreme Court Standards for Indigent Defense.
The recommendations focus on three areas: support staff requirements, attorney qualifications, and caseload standards.
“Revisions in all three areas were necessary to recognize current public defense practice realities, ensure Constitutional compliance, and address public defender attrition and recruitment difficulties,” stated WSBA in their summary to the Supreme Court Rules Committee.
Proponents have asked for expedited consideration by the Court.
Washington’s court system operates under rules known as Washington Rules of Court or “Court Rules.” These rules govern court procedures and practices with an aim towards ensuring justice through fair processes. The process is detailed under General Court Rule 9 (GR 9) overseen by the Supreme Court Rules Committee. Changes are adopted by the Washington Supreme Court.
“I encourage members of the public to review the proposed standards and submit written comments,” said Supreme Court Justice Mary Yu, Chair of the Washington Supreme Court Rules Committee. “We review each comment; it is a critical part of our rule adoption process.”
Wendy K. Ferrell
Judicial Communications Manager
360-705-5331
email Wendy.Ferrell@courts.wa.gov
Lorrie Thompson
Communications Officer
360-705-5347
Lorrie.Thompson@courts.wa.gov