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Island County adopts ordinance creating Office of Public Defense funded in part by sales-tax increase
Summary
The Board of Island County Commissioners unanimously adopted Ordinance C75-25 on Jan. 13, 2026, establishing an in-county Office of Public Defense (ICC 2.05). County staff said the change responds to state caseload rules and will be supported in part by a 0.1% sales-tax increase the county approved in December.
Island County commissioners unanimously adopted Ordinance C75-25 on Jan. 13 to add ICC 2.05 and create an Office of Public Defense that will administratively report to the Board while preserving attorney-client and legal decision-making authority with the office director.
Catherine Reed, director of Human Resources and General Services Administration, told the board the code changes define the office’s administrative relationship to the county while legal decisions and case-management choices remain the professional responsibility of licensed public defenders. "The board can't give direction on legal matters to the office of public defense," Reed said. "Only the director can make those determinations."
The shift from contracted public-defender services to an in-house office was described as largely driven by new state expectations for caseload limits for public defenders. Reed said the county received additional short-term funding from the state but that it covers only a small fraction of the county’s costs. Commissioners noted the county passed a one-tenth of 1% (0.1%) sales-tax increase in December to help fund the new office and that the administrative structure should aid recruitment and eligibility for federal Public Service Loan Forgiveness.
Commissioners asked about safeguards so administrative oversight could not be used to retaliate against legal decisions made by the public defense director. Reed responded that retaliatory actions would place the county at legal risk and be handled like other potential lawsuits.
Why it matters: The ordinance creates a locally administered public-defense office intended to improve recruitment, retention and compliance with state caseload rules while keeping legal independence for defense attorneys. Commissioners and staff described a significant funding gap for public defense statewide and said the county must now plan for higher operating costs.
What’s next: The ordinance passed unanimously; county staff will proceed with implementation, including establishing the director position and budget details tied to the county’s recent sales-tax measure.
