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Council delays decision on new 0.1% sales tax for public defense pending diversion analysis
Summary
Staff briefed council on House Bill 2015 and the new local 0.1% sales tax authorized for criminal‑justice uses, including public defense. Council asked to defer an October ordinance so staff can review diversion measures and other cost options before committing.
City staff outlined how House Bill 2015 allows cities to adopt a locally imposed 0.1% sales and use tax to support criminal justice purposes, including public defense. The council heard an analysis showing the revenue would cover near‑term contract costs for Lakewood’s primary public‑defense contractor but would fall short of projected longer‑term costs under reduced misdemeanor caseload standards.
“Mister mayor, members of the council, this new 0.1% sales tax can be used for a variety of criminal justice purposes to include public defense,” Deputy City Manager/Vargas told the council during the study session. Vargas explained that the tax can be adopted councilmanically through June 30, 2028; after that date a ballot approval would be required. If the council adopted the tax and met Department of Revenue deadlines, it could take effect Jan. 1, 2026.
The presentation summarized changing indigent‑defense standards adopted by the Bar Association and an interim Washington Supreme Court order that phases a reduction in misdemeanor caseloads per attorney from roughly 400 toward 120 over a 10‑year window. Staff projected Lakewood would need to add the equivalent of about one public‑defense attorney per year between 2026 and 2036 to meet the reduced caseload standard; the sales‑tax revenue would cover near‑term contract costs but a growing funding gap emerged by 2028 and would widen through the compliance year.
Council members asked for more analysis of local diversion programs, recovery and charging policy changes, and other internal levers before authorizing the tax. Several members said the city likely has time to defer a council‑level adoption and requested staff return with diversion‑program analysis and alternative cost‑reduction scenarios. Council consensus at the study session was to delay placing an ordinance on the October agenda so staff could present additional options.
Staff recommended implementing the local sales tax on Jan. 1, 2026 if the council wished to proceed, but the council declined to rush the ordinance, citing the need to weigh diversion strategies and other internal changes that could reduce public‑defense demand.
No council vote was taken on the sales tax during the meeting.
