The Newsfeed: Why WA counties sued the state over public defense

Washington relies mostly on local funding for criminal prosecution and defense, creating an unbalanced system that some call “justice by geography.”

Washington counties are suing the state to fund public defense, arguing that they’re struggling to cover costs without enough state support, while the state says local governments are responsible for paying for the public safety policies they enact.  

Counties say Washington is shrinking its constitutional responsibility as they shoulder the vast majority of costs for public defense.   

But Yakima County Commissioner LaDon Linde says this amounts to an unfunded mandate that many counties say they cannot meet.   

“In my mind, it’s one of our most critical needs. I really feel that for lack of attorneys to be able to process and try cases, we have to really strike at the heart of our public safety. It really needs attention, and we need state help. That’s why all 39 counties said, yes, we need to sue the state and get some help,” Linde said.    

The Washington State Association of Counties says the goal of the lawsuit is to create a mandate for the state to fully fund public defense, similar to the state Supreme Court’s McCleary decision on education.  

Read more on how public defense is funded in Multimedia Investigative Reporter Jaelynn Grisso’s article on this story

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