Washington among the bottom of states in public defense funding
Yakima County courts saw nearly 2,000 criminal cases filed last year – one of the highest case totals in the state. Meanwhile, defendants unable to pay for their own attorney waited weeks or sometimes months for counsel to be assigned, culminating in a class-action lawsuit filed last fall against the county claiming the defendants’ constitutional rights were violated.
Counties primarily shoulder the cost of public defense with the state covering less than 3% on average, making Washington an outlier nationally in how little the state invests in public defense. While defendants have sued Yakima County over delays in their cases, counties also have an ongoing 2023 lawsuit against the state to seek more financial support in meeting their constitutional obligations.
“It’s one of our most critical needs,” Yakima County Commissioner LaDon Linde said. “I really feel that the lack of attorneys to be able to process and try the cases that we have really strikes at the heart of our public safety. It really needs attention, and we need state help. And [that is] the reason why all 39 counties said, ‘Yes, we need to sue the state and get some help.’”
The multilevel legal battles reflect the challenge of recruiting and paying for attorneys to uphold the constitutionally mandated obligation to provide public defense. The Washington Supreme Court is also weighing new public defender caseload standards that would give attorneys more time on each case, but significantly increase the number of attorneys needed and costs to local courts.
https://www.cascadepbs.org/investigations/2025/03/washington-among-bottom-states-public-defense-funding
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