The Washington State Supreme Court issued an interim rule on Monday to lower by more than two-thirds the number of felony cases that public defenders can have assigned to them each year, while also granting flexibilities for cities and counties to implement the new standards.
Under the new standards, public defenders’ caseloads will be limited to 47 felony cases or 120 misdemeanor cases a year — down from a previous limit of 150 felony cases and a few hundred misdemeanor cases. Jurisdictions need to implement the new standards as soon as “reasonably possible,” according to the order, with a review after three years.
The court announced it had decided to issue an interim rule to give local jurisdictions clarity while they set their budgets. During a public comment period, local officials throughout the state expressed concerns about paying for public defense if the court mandated reduced caseloads. Officials and advocates said they expected costs for felony representation could triple for cities and counties.
Jurisdictions have 10 years – from Jan. 1, 2026 – to fully implement the standards, as long as they reduce caseloads by a minimum of 10% per year, the order states.
Similarly, the court ruled that local jurisdictions may utilize “case weighting” to comply with the new limits. In a case-weighting system, cases are given higher or lower weight depending on how much time the case takes. The court encouraged the use of case weighting, per the order, but refrained from mandating it.
“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,” the order reads.
New standards come during a time of crisis for public defense, according to many public officials and advocates, and aim to create more manageable workloads for attorneys and better representation for their clients. Washington is among the bottom states in terms of the state’s share of public defense funding.
The court largely adopted the standards proposed by the Council of Public Defense – part of the Washington State Bar Association – based on a national study released last year that called for similar levels of caseloads. A final rule will be adopted once the court finishes its review in the “near future.”
Correction: A previous version of this story incorrectly calculated the reduction needed in the first year and that reference has been removed.