Washington Courts: Press Release Detail

Washington Supreme Court Issues Interim Order on Public Defense Standards

The Washington Supreme Court issued an Order on caseload standards the Court has adopted for indigent criminal defense services. The Order is a summary explanation of the new caseload standards, which permit full implementation to be achieved over a period of time.

The Court adopted the caseload standards at its June 4, 2025 en banc conference, ahead of final rule changes, to help jurisdictions that are currently conducting budget planning. The revised caseload standards will be integrated into court rules once the Court’s review of all of the proposed standards is complete.

The Order includes three key provisions:

1. Specific caseload standards for different types of cases, which should be accomplished as soon as “reasonably possible,” and allowing for a phased approach to implementation; 
2. Declining to mandate a method for case counting and weighting, however, encouraging the use of case weighting; and 
3. Requiring evaluation of the progress and impacts of implementation three years after the effective date of the new caseload standards. 

Revisions to Washington public defense standards were recommended in 2024 by the Washington State Bar Association (WSBA) and its Council on Public Defense (CPD) after two years of intense study of the growing crisis involving steep declines in the number of public defense attorneys due to heavy caseloads and other factors, both in Washington and nationally.

The proposed changes to the Supreme Court’s adopted standards for indigent defense included lowering the maximum caseloads for public defense attorneys, revising some qualification requirements for public defense attorneys, and setting minimum support staffing requirements for public defense attorneys and offices.

The state Supreme Court in 2024 solicited public comment on the CPD’s recommended changes (comments can be read here), held two public hearings on September 25 and November 13, 2024 recorded by TVW, and conducted several lengthy work sessions to fully review the detailed proposal and the testimony received.

While the Court has not completed its full review of recommended changes to public defense standards, “in advance of a full decision on all parts of the CPD’s proposal, we provide this summary communication of the Court’s conclusions on caseloads,” according to the Order. “The reality is that many aspects of indigent criminal defense services vary by structure and location, so the Court is adopting an approach which accommodates that diversity while fostering real and meaningful reductions in caseloads as soon as possible, where necessary.”

Washington’s court system is governed through a system of rules known as Washington Rules of Court, or “Court Rules.” The purpose of court rules is to provide governance of court procedures and practices and to promote justice by ensuring a fair and expeditious process. The Court Rules process is detailed in General Court Rule 9 (GR 9) and is overseen by the Supreme Court Rules Committee. Court rule changes are adopted by the Washington Supreme Court.