Washington state Supreme Court reduces caseloads for public defenders

In a sweeping move aimed at addressing what it called a "crisis" in Washington state's public defense system, the Washington Supreme Court unanimously adopted new statewide limits on public defender caseloads. The changes slash the number of cases public defenders can handle by more than two-thirds in some instances — a decision hailed by some as a step toward justice reform, but which has sparked alarm among local governments over the financial and operational fallout.

Under the court’s interim order, starting January 1, 2026, public defenders will be limited to a maximum of 47 felony cases or 120 misdemeanors per year, depending on their area of practice. That’s a sharp reduction from the current limits of 150 felony or 400 misdemeanor cases per year.

Chief Justice Debra Stephens, writing in a four-page order, directed that the new limits be met “as soon as reasonably possible,” with full compliance required within ten years. However, local governments say the court's new standards are financially and logistically unattainable.

"The state currently funds only a small fraction of public defense costs," the Association of Washington Cities (AWC) wrote in a March 2024 letter to the court, warning of dire budget consequences. “The vast majority of expenses are borne by local governments,” the letter continued. “A tripling of the required number of misdemeanor public defense attorneys would be a tremendous cost that far exceeds the capacities of cities to fund.”

The AWC warned that cities may be forced to slash critical programs, including funding for courts, public safety, and human services that help prevent crime in the first place. Others worry the new standards could lead to widespread case dismissals.

Sources with knowledge of the issue told The Ari Hoffman Show on Talk Radio 570 KVI at the time that lower-level crimes may simply go unprosecuted due to the looming shortage of available attorneys. “The concern is not just about the money,  it’s about justice itself,” one source said. “We’re talking about a system that could collapse under its own weight.”

The ruling comes as Washington faces mounting criticism for a “revolving door” justice system that allows prolific offenders to be released repeatedly or diverted into alternative treatment programs, often with little accountability, even after dozens of convictions.

The reduction in public defender workloads is based on recommendations from the Washington State Bar Association (WSBA), which adopted revised standards following a national study that deemed current caseloads excessive and constitutionally problematic. The Council on Public Defense, an advisory group, submitted the recommendations to the WSBA.

The AWC estimates that by July 2025, the state would need 70 percent more misdemeanor public defenders just to meet the new requirements, and that number only rises. By July 2027, when misdemeanor caseloads are reduced even further to 200 cases per attorney per year, the number of needed defenders would double compared to today. When combined with felony caseload reductions, the state would require three times the number of public defenders currently practicing.

“There simply aren’t enough lawyers,” the AWC cautioned. “Even if the state provided the funding, jurisdictions will not be able to hire triple the number of public defenders in three years.”

Local leaders argue that attracting enough new attorneys to public defense will require more than money, it will demand a legislative push to build the public defense pipeline and long-term career incentives in a field that has long struggled with burnout and underfunding.