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Washington Supreme Court caseload limits prompt Anacortes review of indigent defense code and contracts
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Summary
Council received an update on the Washington Supreme Court order (filed June 8, 2025) reducing misdemeanor public defender caseload standards from 400 to 120 per attorney (phased to 2036); staff said the change creates capacity and funding questions and that the city is already operating under a contract with Periscope Legal.
City staff briefed the Anacortes City Council on June 16, 2025, about a Washington State Supreme Court order filed June 8 that revises indigent defense caseload standards and the city’s related municipal code.
City staff member Miss Shue summarized the order and its local implications: effective Jan. 1, 2026, the caseload standard for misdemeanors is reduced from 400 to 120 cases per attorney, but the court phased the limit in over a 10‑year period; the annual reduction requirement was described as roughly 28 cases per year (10% of the remaining difference each year) to reach full compliance by 2036. The court’s order also permits flexibility on weighting cases; the city currently does not use a weighted case counting system and staff said they do not recommend adopting one for misdemeanor‑only work.
Miss Shue reviewed Anacortes’ recent caseload history: in 2023 the city’s public defender handled 324 cases with an additional 93 handled by conflict/overflow attorneys; in 2024 the public defender handled 277 and conflict/overflow handled 151. Staff noted the statistic that cities handle about 65% of misdemeanors in the state while receiving roughly 10% of state funding for defense costs; staff cited an Association of Washington Cities analysis estimating a roughly $40 million annual city expenditure on defense services statewide.
Shue said the city transitioned to contracted public defender services on June 9 and that Periscope Legal’s Ella Salvatore is currently serving as the city’s public defender and is seeing clients at a Marina facility office; appointments are required. The city has updated website contact information to reflect Periscope Legal.
Item 7c on the agenda is an ordinance amendment to municipal code Chapter 2.18 to align local code with the Supreme Court requirements; staff presented proposed deletions and simplifications that would reference the court’s requirements rather than embedding highly prescriptive local language. Council asked staff to add a recital noting that deleted sections are covered by the Supreme Court guidance; staff indicated they would include that language and return the ordinance for council action.
Council took no final vote on the ordinance amendment on June 16; the matter will return for action after staff incorporates the recital language and any additional edits.
