Clark County staff explain mandatory new public‑defense caseload standards

April FTH, deputy county manager, opened the work session and introduced Eric Schmidzkkey, the acting director of public defense, and Sarah Hager, senior management analyst, to brief the council on new caseload standards.

Schmidzkkey framed the issue in constitutional terms, saying, “the sixth amendment of the United States Constitution guarantees that every single person that comes into a court system charged with a criminal offense ... they are entitled to representation from an attorney.” He explained the office is adopting a weighting rubric derived almost verbatim from the Washington State Bar Association’s 2024 indigent defense standards and that the director will retain discretion to increase or decrease credit for a particular case after reviewing the court file and attorney notes.

Council members asked whether the weights are locally adjustable. Staff and Schmidzkkey said the Washington State Supreme Court recently ruled the standards mandatory; jurisdictions must phase down weighted felony limits and follow the numeric step‑downs set by the court. Staff described current practice of adjusting individual case credits when cases resolve quickly or when a second‑chair is present, and said those adjustments are documented case by case.

The presentation also noted the statewide phase‑down schedule, which staff summarized as requiring roughly a 10% reduction in weighted units year over year toward a court‑stated target (discussion attendees cited a target of 47 weighted units by 2030). Amber Smith, chief civil deputy prosecuting attorney, explained that administrative rulemaking and a notice‑and‑comment process tied to the court’s review will provide opportunities for jurisdictions to submit formal comments in 2028.