During a recent city council meeting in Puyallup, significant discussions centered around the newly adopted public defense caseload standards by the Washington State Bar Association (WSBA) and their potential implications for local law enforcement and public safety. City Attorney Joe, along with Deputy City Attorney Shawn Arthur, presented an overview of these standards, which are set to take effect in July 2024 and will culminate in 2027.

The new guidelines drastically reduce the maximum number of cases a public defender can handle annually from 400 to 120 case credits, with specific weights assigned to different types of cases. For instance, high misdemeanor cases, such as DUIs and domestic violence, will count as 1.5 credits each, limiting attorneys to a maximum of 80 such cases per year. This change raises concerns about the city’s ability to provide adequate legal representation while maintaining public safety.

The council highlighted the potential for severe repercussions if the city fails to comply with these standards. A notable case from 2013, Wilbur v. City of Mount Vernon, illustrated the financial risks involved, where cities faced over $2 million in attorney fees due to inadequate public defense services. The city currently contracts with three public defense firms, costing approximately $500,000 annually, but the new standards could necessitate hiring significantly more public defenders and support staff, including investigators and social workers.

Council members expressed skepticism about the feasibility of meeting these new requirements, particularly given the existing shortage of public defenders in Washington. With Puyallup projected to handle around 1,500 public defense cases this year, the city would need to employ at least 15 public defenders to comply with the new standards, a stark contrast to the three currently in place.

The discussion underscored the broader implications for the legal system in Washington, as many jurisdictions may struggle to meet the new standards, potentially leading to a backlog of cases and challenges in prosecuting crimes. The council is considering actions to address these challenges, including potential changes to state law to mitigate the impact of the new guidelines on local governance and public safety.