Mason County delays adoption of new case-waiting policy while moving contractor contracts to the next agenda

Public Defense staff briefed Mason County commissioners on a proposed county case-waiting policy and accompanying contractor contracts, saying the change is required to comply with Washington State Supreme Court directives to reduce attorney caseloads starting in 2026. The office recommended a weighted system that assigns higher "case weight" points to complex cases (for example, life-without-parole or murder), while giving lower weights to quicker matters such as probation violations.

The proposal, developed with reference to RAND research and practices in neighboring counties, aims to limit county liability and prevent contractors from being asked to take caseloads that could create ineffective-assistance-of-counsel claims. Public Defense staff told the commissioners they had modeled 2026 needs using five years of filing history and that, with the proposed weights, the office expects to be able to meet projected demand without seeking an additional district-court attorney in 2026.

Commissioner 6 raised repeated concerns about adopting a single weighted schedule that might bind the county to a statewide standard or limit the county's future flexibility, calling for more time to examine alternative weighting approaches and safeguards. "I don't have an issue with the contract," Commissioner 6 said, but warned that a county-wide weighting system could become the de facto standard the state uses to judge staffing capacity.

Public Defense staff responded that the office had included safeguards: a process for attorneys to request case re-weighting or extraordinary compensation for cases that exceed presumptive maximums, and a "claw-back" provision to credit cases that resolve far sooner than anticipated. "The Washington State Supreme Court has said that we have to implement reductions starting in 2026," the presenter said. The office also said it will collect and report data during 2026 and recommend adjustments if necessary.

On next steps, commissioners agreed to place a contract packet for outside counsel (the Tashner contract that currently covers certain indigent-defense services) on the action agenda at tomorrow's meeting to preserve contractor continuity before year-end. The board also agreed to postpone formal adoption of a countywide case-waiting policy until January to allow additional review and outreach to other counties, contractors and staff. The Office of Public Defense also announced it will withdraw its separate request for an additional district-court attorney for 2026 and reassess the need in 2027.

The briefing concluded with staff offering to provide commissioners a breakdown showing how the proposed weighting would change the county's effective caseload counts and an assurance that all contract language will include a mechanism for reasonable notice and modification if the county's case-waiting policy is revised.