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Washington Supreme Court caps municipal misdemeanor public‑defender caseloads; Anacortes staff outline 10‑year phase‑in
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Summary
The Washington Supreme Court issued an order setting a 120‑case per‑attorney standard for misdemeanors effective Jan. 1, 2026, phased in over 10 years; Anacortes staff outlined local caseload history and potential budget and capacity implications at council meeting.
City staff briefed the Anacortes City Council June 16 on a June 8 Washington State Supreme Court order that establishes new indigent defense caseload standards for municipal misdemeanor work.
City staff member Ms. Hsu told the council the court’s order reduces the misdemeanor caseload standard from 400 to 120 cases per attorney, effective Jan. 1, 2026, with a 10‑year phase‑in. Ms. Hsu said the phased implementation requires an annual caseload reduction (the court describes an annual minimum reduction equal to 10% of the gap between current and new standards, which staff summarized as a reduction of 28 cases per year toward the 120 cap). The Supreme Court will review implementation progress in 2029.
Ms. Hsu reminded council the city transitioned to a contracted public defender earlier in June (Periscope Legal) and provided local historical caseload figures: in 2023 the city’s public defender handled 324 cases and conflict/overflow attorneys handled 93; in 2024 the public defender handled 277 cases and conflict/overflow attorneys handled 151. Ms. Hsu noted the caseload cap is per attorney; the historical figures will inform contracts and capacity planning. She also said the final order did not mandate a weighted or complexity‑based counting system for misdemeanors and that several Washington State Bar Association recommendations (such as adding dedicated investigators or legal assistants) were not adopted in the court’s final order.
Ms. Hsu and council discussed capacity and funding implications. The Association of Washington Cities’ analysis, cited by staff, estimates cities handle about 65% of misdemeanors in the state while receiving roughly 10% of state funding for defense services; staff said that funding and workforce capacity are the two primary challenges for smaller jurisdictions. Ms. Hsu said the city will include state funding requests and implementation planning among legislative priorities and that implementation is a multi‑year process.
Periscope Legal’s local public defender, Ella Salvatore, is providing client services and is setting up space at the Anacortes Marina facility; staff updated the city website with contact information and said appointments are required.
Council received the briefing; staff will continue phased planning for compliance, report back as federal or state funding opportunities arise, and consider whether contract terms with defense providers should be revisited as implementation proceeds.
