Washingtons Supreme Court slashes public defender caseload limits

The Washington Supreme Court recently enacted new limits on public defender caseloads to combat a crisis in the state's public defense system. Starting January 2026, public defenders will be allowed to handle a maximum of 47 felony cases or 120 misdemeanor cases annually, a significant reduction from the current thresholds of 150 felonies and 400 misdemeanors. Chief Justice Debra Stephens noted that action is necessary to ensure timely and equitable counsel for indigent defendants. However, the Washington State Association of Counties has expressed concern that the new standards are financially unfeasible given existing budget constraints and a shortage of legal professionals. The state budget currently allocates only $20 million for public defense, which covers about 6% of total costs.

Some counties have had to release defendants due to a lack of available counsel, highlighting the urgency of the situation. The new standards stem from recommendations by the Washington State Bar Association, which suggested a phased approach to achieve the new limits over three years. The court's decision represents a significant shift in addressing the challenges faced by public defenders in Washington.