Franklin County considers joining defense attorney funding suit against Washington state

Franklin County leaders could be considering joining a lawsuit against the state to win better funding for defense attorneys.

Three Washington counties — Yakima, Pacific and Lincoln — joined the Washington State Association of Counties in filing suit against the state for what they believe is an unconstitutional indigent defense system that leaves counties footing a bill they can’t afford, and defendants without the legal help they have a constitutional right to.

They’re asking the court to force the state to either provide better funding or begin providing services directly.

In a news release earlier this month, Franklin County Administrator Mike Gonzalez said the county strongly supports a lawsuit.

“Franklin County stands with WSAC on this issue,” Gonzalez said. “The system is broken and we need a clear funding mechanism to support our Office of Public Defense. American Rescue Plan dollars are what is sustaining this department. We have used $300,000 just this year to support their efforts. This temporary approach needs to be fixed. We are asking the state to help.”

Since then county leaders have been urged to join the lawsuit as a party or file a brief as a friend of the court.

Gonzalez told the Herald that they are looking at options to determine what would be best for the county, and he is looking into the process.

The Franklin County commissioners are expected to discuss the lawsuit at this week’s meeting.

Currently indigent defense comes largely from a county’s own revenue, leaving funding inconsistent from county to county. Combined with a lack of new attorneys because student debt related to the rising costs of law school, counties that can’t afford to pay higher wages are being left in crisis.

Franklin County regularly loses both defense attorneys and prosecutors to neighboring Benton County or other areas that can afford to pay more. Benton County also finds itself in the same boat competing with Yakima County and larger counties.

The differences are stark. For example, Franklin county lost a defense attorney earlier this year who took a position with Benton County making about $50,000 more annually.

The crisis has become so bad that serious felony cases have been in danger of being dropped.

The counties are arguing that a defendant’s constitutional right to representation should not be contingent on what county they’re charged in.

They liken the state’s obligation to fund these services to the McCleary decision, which forced the state to pay for billions in education costs that school districts were struggling to manage.

Gonzalez said Franklin County is also working with local legislators to explore bills that could help shore up funding.

“Franklin County is currently working with Senator Nikki Torres who is proposing legislation to help create a funding mechanism for public defense across the state,” Gonzalez said. “Senator Torres helped me create a state wide bipartisan working group that is trying to come up with reasonable solutions. I’m grateful for everyone’s efforts in this regard.”