Washington’s budget boosts public defense funding

While Clark County’s chief public defender says he’s grateful the Legislature more than doubled funding for public defense services in its new budget, he still wishes the state would do more.

The new state budget, which has yet to be signed by Gov. Bob Ferguson, includes $27.2 million to be disbursed to counties for the cost of providing public defenders for those accused of crimes who can’t afford their own attorneys. That’s an increase from $10.6 million in the previous biannual budget, according to reporting from The Seattle Times.

The increase would mean the state, which has historically covered less than 3 percent of statewide costs, would now fund roughly 6 percent of costs in 2026 and 2027, according to InvestigateWest.

The state Office of Public Defense allocates the funding to counties and cities through a grant program, based on population and felony caseloads. The office has not yet opened grant applications for 2026.

In 2025, Clark County received about $442,000. The county’s annual budget for public defense ranges from $6.9 million to $8.5 million, depending on that year’s demand. Chief Public Defender Christopher Swaby said the demand is not likely to decrease in the future.

“Adequate funding is critical for the needs of indigent persons charged with a crime in our community,” Swaby said in an email to The Columbian. “The right to counsel for those charged with crimes is granted by the Constitution. A constitutional requirement should be funded by the state in its entirety; it is, after all, the state, not the county, that charges crimes in our state.”

Two bills introduced in the state’s House and Senate sought to dedicate funding to cover 50 percent of county’s public defense costs. Neither bill made it out of committee.

Clark County changed public defense models last year, moving to an office comprised of staff attorneys and away from attorneys working on a contract basis. The move was aimed at increasing efficiency and ensuring enough attorneys to handle an increasing caseload.

Becca Robbins: 360-735-4522; [email protected]; @brobbinsuo