Defenders need more money

Mason County Chief Public Defender Peter Jones advised commissioners on a huge budget increase his office will be seeking in 2025 and got preliminary approval to pursue contract attorneys at the May 20 briefing.

Jones said “to continue to operate” at current levels, the public defender’s office will seek over a half a million dollar increase in its budget next year.

“That has a total budget impact of almost $580,000. I figured before we got to the budget I would present that to you and let you know,” Jones said.

The commissioners signed off on the contracts, allowing Jones to negotiate with attorneys before they’re “hoovered up” by other counties, he said.

“Until I know what I can offer, I really can’t go after them as hard as I would like to,” Jones told commissioners.

They approved Jones’ request to offer a full-time equivalent felony attorney $95,000 and a full-time equivalent misdemeanor attorney $85,000.

Potentially updated Washington State Bar standards will drastically change attorney caseloads, which will affect how the county prosecutes and defends criminal cases. The new rules say attorneys can only handle a certain number of cases a year, based on a “case credit” system.

For example, felony-life without parole, is eight credits, felony-murder, is seven credits, and felony-sex offense is five credits.

Attorneys will be allotted a certain number of yearly credits according to a new time schedule that will be fully implemented by 2027.

By July 2025, attorneys are limited to 110 felony credits and 280 misdemeanor credits per year. Starting July 2026, numbers are reduced to 90 felony credits and 225 misdemeanor credits per year. Finally, in July 2027, the new limits will be 47 felony credits and 110 misdemeanor credits per year.

The Supreme Court Rulemaking Committee met May 13 and recommended the updated indigent defense standards go through a formal rulemaking process that includes comments through October, according to Jones.

“This means we will likely not know before 2025 whether, when, and in what form the Supreme Court adopts these rules as mandatory,” Jones wrote to commissioners.

Commissioner Sharon Trask said the new rules were a “very hot topic” at a Washington State Association of Counties meeting she recently attended.

“It’s also attracting the attention of legislators,” Trask said.

Jones also gave an update on a planning committee formed in April to discuss county approaches to the new defense rules.

“The Mason County IDS committee met and formed three subcommittees to address three separate phases within the process of a criminal case where cases could be diverted,” Jones wrote.

“I remain hopeful that some damage control will emerge from this committee, and there are a number of positive things happening. Representative Griffey is working with Public Health to potentially use Mason County as a pilot program for additional mental health and substance abuse services – providing these services and stabilizing a person prior to their commission of a crime remains the best way of avoiding a case,” Jones wrote.

He said the subcommittees would report back to commissioners June 7.