Drafter
Clerk 02/26/2026
Title
AN ORDINANCE relating to the department of public defense standards for indigent defense; amending Ordinance 17588, Section 4, as amended, and K.C.C. 2.60.026 and adding a new section to K.C.C. chapter 2.60.
Body
STATEMENT OF FACTS:
1. In January 2022, the Washington State Bar Association ("the WSBA") Council on Public Defense ("the CPD") undertook a comprehensive revision of the WSBA standards for indigent defense services.
2. In October 2023, following the release of a national study of public defense workloads ("the RAND study"), the Washington Supreme Court ("the Supreme Court") requested the CPD review the RAND study and make recommendations, if any, regarding attorney caseload standards to the Supreme Court.
3. In 2024, the CPD proposed and the WSBA Board of Governors adopted revised standards for indigent defense services ("the WSBA Revised Standards"), including new attorney caseload standards informed by the RAND study, and recommended that the Supreme Court incorporate the WSBA Revised Standards into the court rules governing indigent defense standards.
4. On June 5, 2025, the Supreme Court issued Order No. 25700-A-1642, which extended the suspension of Standard 14 of CrR 3.1, CrRLJ 3.1, and JuCR 9.2 - Qualifications of Attorneys for one year, or until otherwise ordered by the court. The order also modified the Certification of Appointed Counsel of Compliance With Standards Required by CrR 3.1/CrRLJ 3.1/JuCR 9.2 during the suspension of Standard 14.
5. On June 9, 2025, the Supreme Court issued interim order In re Standards for Indigent Defense Implementation of CrR 3.1, CrRLJ 3.1, and JuCR 9.2, Ord. No. 25700-A-1644, adopting new attorney caseload standards for indigent defense effective January 1, 2026, and requiring full implementation no later than January 1, 2036, upon meeting certain conditions. The order was further clarified by Order No. 25700-A-1671, which was issued by the court on November 6, 2025.
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