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Anacortes approves three-year, $855,000 contract with Periscope Legal for public defense services

3620637 · May 28, 2025
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Summary

Facing the departure of its interim public defender and uncertainty about forthcoming state caseload rules, the Anacortes City Council on May 27 approved a three‑year contract with Periscope Legal to provide indigent defense services beginning June 9, 2025.

The Anacortes City Council on May 27 authorized the mayor to sign contract 125-148-DEFDash001 with Periscope Legal for $855,000 to provide public defense services from 2025 to 2028.

City staff presenter Amanda Hsu described the background: in 2014 changes followed litigation referenced in the meeting and the Washington State Bar Association later recommended further caseload standards. "Back in 2014, there was a change in the standards ... as a result of the Mount Vernon and Burlington versus Wilbur case," Hsu said, and staff said the Washington State Supreme Court has not yet adopted the Bar Association’s recommended changes. The council voted to approve the three‑year contract to ensure continuity after the interim public defender’s final allowable date.

Hsu told council the city had pursued an interlocal procurement with neighboring jurisdictions but removed Anacortes from that interlocal so the city could proceed on its own. She said the contract was structured so compensation may be revisited if caseloads change by more than 15% over an 18‑month look‑back period or if the state’s caseload rules change by an equivalent amount.

Councilmembers raised concerns about cost and the statewide picture. Councilmember Walters summarized budget implications and the potential for substantially higher costs should the Washington State Supreme Court adopt the Bar Association’s recommended limits. Hsu said the firm that responded, Periscope Legal, is locally based, currently under contract with the city of Oak Harbor, and has two attorneys and one legal assistant; Periscope Legal also secured local office space and the contract transition is scheduled to begin June 9. Hsu estimated the city handles roughly 400 cases in‑house currently.

Several councilmembers said the city is unlikely to be able to absorb a large increase in public defense costs if statewide caseload limits are adopted. Councilmembers asked for and will receive the contract’s monthly and quarterly reporting described in exhibit C so the council can track caseloads and costs; Hsu said she will also return with proposed municipal code updates related to in‑house public defense.

The motion was made and carried by council voice vote.