GR 9 COVER SHEET         

Suggested Amendments to STANDARDS FOR INDIGENT DEFENSE SERVICES REVISED CrR 3.1 Stds/CrRLJ 3.1 Stds/JuCR 9.2 Stds

A.            Name of Proponent:

Washington State Bar Association

WSBA Council on Public Defense

B.             Spokespersons:

Hunter Abel, President, Washington State Bar Association, 1325 Fourth Avenue, Suite 600, Seattle, WA 98101-2539 (telephone: (509) 969-4731)

Jason Schwarz, Chair, Council on Public Defense, Washington State Bar Association, Seattle, WA 98101-2539 (telephone: (425) 388-3032)

WSBA Staff Contact:

Bonnie Sterken, Equity and Justice Lead, Washington State Bar Association, 1325 Fourth Avenue, Suite 600, Seattle, WA 98101-2539 (telephone: (206) 727-8293)

C.             Purpose:

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. In recognition of these problems, in January 2022, the WSBA Council on Public Defense (CPD) undertook a comprehensive revision of the WSBA Standards for Indigent Defense Services. In addition, following release of the National Public Defense Workload Study in September 2023, the Justices of the Washington Supreme Court requested that the CPD specifically address caseload standards.

In developing revised WSBA Standards, the CPD solicited input from the public and the criminal defense community at listening sessions, CLE events, CPD meetings, and through surveys. The CPD considered all feedback when revising the WSBA Standards. In addition, the revisions to the WSBA Standards were informed by the 2023 National Public Defense Workload Study; other studies of appropriate caseload and support staffing needs of public defense offices; and Constitutional, ethical, and professional standards for public defenders.

The revisions to the WSBA Standards focus on three areas: (1) Support staff requirements,

(2) attorney qualifications, and (3) caseload standards. Revisions in all three areas were necessary to recognize the realities of current public defense practice, ensure the Standards met Constitutional requirements, and to address public defender attrition and difficulty recruiting new attorneys to the profession.

First, the revised WSBA Standards require, rather than simply recommend, public defense agencies to maintain specific staffing ratios for investigators, mitigation specialists and social workers, and legal assistants and paralegals. These revisions recognize the importance of support staff in public defense cases, particularly given the large volume to evidence and investigation necessary to provide adequate defense.

Second, the revisions to attorney qualification requirements attempt to address the shortage of attorneys qualified to handle the most serious cases. The revisions allow attorneys to gain experience through trial experience even if the trial was not completed through a jury verdict and through training programs. These revisions are to be implemented over the course of the next four years.

Lastly, the revised WSBA Standards implement the caseload standards recommended by the National Public Defense Workload Study (NPDWS). The NPDWS report made clear that the existing caseload standards did not allow attorneys sufficient time to provide representation that met Constitutional requirements. The findings of the NPDWS report were applied to Washington’s caseloads through a system that grants a specific number of credits for categories of cases based on the typical time-demands of the case. Attorneys accrue case credits up to a maximum number of credits per year.

The CPD presented proposed the revised WSBA Standards of Indigent Defense to the WSBA Board of Governors on March 8, 2024. The WSBA Board of Governors adopted the revisions and voted to forward the revised WSBA Standards to the Supreme Court with the recommendation that the Court incorporate the WSBA Standards into the Washington Supreme Court Standards for Indigent Defense.

D.            Hearing:

A hearing is not requested.

E.              Expedited Consideration:

Expedited consideration is requested.

F.              Supporting Material:

·         Cover memo to the WSBA Board of Governors dated February 23, 2024

·         Council on Public Defense Report on Revisions to WSBA Standards of Public Defense

·         Redline revisions to WSBA Standards of Indigent Defense Services

·         Public Comments Received by the WSBA Board of Governors found here: https://wsbaonlinemy.sharepoint.com/:f:/r/personal/parise_wsba_org/Documents/Revised%20 Standards%20Feedback?csf=1&web=1&e=j1ZUPm (this link will expire April 20, 2024)