Lynnwood council hears public-defense staffing concerns, meets new court commissioner

Patrick Feldman, supervisor for Feldman Lee, the private firm contracted to provide indigent defense for the City of Lynnwood, told the City Council at a May 19 work session that proposed statewide caseload limits and more time-consuming discovery will raise the city’s public-defense staffing needs.

The briefing outlined why Feldman Lee is seeking a short contract extension to Dec. 31 and urged the council to expect to revisit staffing and contract terms when the Washington Supreme Court and other state bodies finalize new caseload standards, Feldman said.

Why it matters: Feldman told council members that long-standing national and state legal requirements — including the Sixth Amendment of the U.S. Constitution and Article I, Section 22 of the Washington Constitution — guarantee an accused person the right to competent counsel. He said changes in case counting, heavier evidence (body-worn camera footage), and anticipated new state standards will require more attorneys and support staff if they take effect.

Feldman described the background and mechanics of how public defense is provided in Lynnwood Municipal Court, from screening and arraignment to pretrial and confirmation hearings. He said Linwood’s (sic) contract with Feldman Lee expires June 30 and the firm proposed a six-month bridge (to Dec. 31) to allow time for the state standards to be announced and for the parties to negotiate contract adjustments.

Feldman: “When these standards get announced, we need to sort of come back together, because undoubtedly, even in the most sort of optimistic view, 400 is not gonna be the new number.”

Key details from the presentation: Feldman said the old, widely used benchmark of 400 unweighted misdemeanor cases per lawyer per year dates to earlier time studies and does not reflect modern evidence demands. Under one proposed standard referenced in Feldman’s materials (often discussed publicly as a move from 400 to about 280 cases per attorney), the city’s workload and case-weighting changes could increase the staff needed to handle Linwood caseloads. Using four months of local data (January–April), Feldman reported Lynnwood was on pace for 1,385 unweighted cases; under the proposed weighting and lower case limits his conservative projection raised that to about 1,592 cases and an illustrative requirement of roughly 5.7 full-time lawyer equivalents (versus about 3.5 under the existing system). He warned the figures are early estimates and will change as the state standards and cost estimates are finalized.

Council concerns and contract language: Council members asked how Feldman Lee uses Rule 9 (student/limited-practice) attorneys and whether supervision reduces workload. Feldman said Rule 9 participation is limited (statutorily capped in practice) and supervisory time reduces the net benefit. Several council members expressed concern about a draft contract clause obligating the city and contractor “to negotiate in good faith” when standards are announced; Council Member Decker asked for softer language to avoid constraining the city. Feldman said the draft was a proposal, not a final demand.

New court commissioner: Judge Valerie Befeu introduced Robert Grant, who was sworn in April 18 and has started as a full-time court commissioner. Befeu said Lynnwood Municipal Court had about 67,000 filings in 2024 — roughly a third of limited-jurisdiction filings across Snohomish County — and the commissioner post was added to address the workload. Grant outlined his background in case management at an inpatient treatment facility, his years as a Snohomish County prosecutor, and work for the Washington Attorney General’s Office; he said he will focus on maintaining timely calendars and helping the presiding judge with administrative duties.

Context and next steps: Feldman and Befeu both encouraged council members to observe court calendars and “in-custody” dockets to better understand daily operations. Feldman asked the council to expect further contract negotiations once the Supreme Court announces final caseload standards and recommended the six-month extension to Dec. 31 as a short-term measure. The council did not take a formal vote on the Feldman Lee contract in the work session; staff signaled they would return with updated contract language and additional briefings.

Ending: Council members thanked Feldman and the court for the briefing and said they expect follow-up discussions on rates, staffing and any contract language once state standards are final.