Sen. Nikki Torres, a Republican from Pasco, said on March 12 that the latest state operating budget proposal removed a previously approved provision for public defense funding and that bipartisan legislation to address Washington’s public defense crisis did not advance this session.
The issue is important because counties across Washington have warned lawmakers that the current model for funding public defense is unsustainable. Rising costs and new caseload standards set by the Washington Supreme Court are increasing demand for attorneys and putting more pressure on local budgets.
Earlier in the session, the Senate had approved a plan to dedicate seven percent of revenue from a proposed income tax to public defense. This money was intended to help counties pay for constitutionally required legal representation while maintaining other services such as law enforcement and emergency response. However, Torres said the final budget proposal negotiated with the governor eliminated this carveout and instead added several sales tax exemptions, leaving counties uncertain about how they will cover growing obligations.
“The Democrats like to dangle the carrot, making promises to municipalities,” Torres said. “First it was five percent of the proposed income tax revenue, then it was seven percent dedicated to local governments. In the end, those promises disappeared, and counties are left once again trying to cover a constitutional responsibility without the support they were told was coming.”
Torres introduced a bipartisan package of bills earlier in the session aimed at stabilizing and strengthening Washington’s public defense system after months of discussions with prosecutors, defenders, city and county leaders, and members of the legal community. “We introduced bipartisan legislation to address workforce shortages, strengthen oversight, and begin shifting a fairer share of public defense costs to the state,” she said. “Those proposals were developed after hearing from communities across Washington that the system is reaching a breaking point.” None of these proposals advanced during this legislative session.
Torres also highlighted concerns about delays in court proceedings when counties cannot find attorneys: “When counties cannot find attorneys to take cases, courts are forced to delay proceedings, and defendants can remain in jail without representation,” she said. “In some cases, when delays stretch too long, defendants are released, and victims never receive the justice they deserve. The state cannot continue shifting the burden of a constitutional responsibility almost entirely onto counties.”
The 2026 legislative session is scheduled to conclude Thursday.
