Whatcom County Council Criminal Justice and Public Safety Committee

**Public Defense Caseload Standards Implementation** The central discussion focused on how new Supreme Court-mandated caseload standards will affect Whatcom County's public defense system. Follis explained the standards originated from a RAND Corporation study, were developed by the Council on Public Defense, and adopted by the Bar Association in March 2024. The Supreme Court's June 9, 2025 ruling made compliance mandatory but extended the implementation timeline. The final standards set maximum annual caseloads at 47 felonies and 120 misdemeanors per attorney, compared to current limits of 150 felony cases. The 10% annual reduction schedule means attorneys will be limited to 135 felony cases in 2026, 121 in 2027, and so on. Follis indicated the office can likely comply with early-year reductions without adding staff by eliminating their c…

**Stark Follis, Public Defender** Expressed cautious optimism about meeting initial compliance requirements but concern about long-term implementation. Opposed to adopting RAND Corporation's case waiting policy, which would further reduce allowable caseloads. Advocated for increased diversion programs to reduce case filings rather than adding attorney positions. **Council Member Todd Donovan** Questioned whether courts and prosecutors could adopt procedural efficiencies to help meet standards without additional spending. Focused on understanding the mathematical basis for compliance projections. **Council Member Ben Elenbaas** Explored whether improved case resolution efficiency could help meet standards,…

**Stark Follis, on the work environment:** "It's not an easy place to work. It's a, it's a high, highly stressful and highly demanding place for people to work. And, you know, there, unfortunately, there is some burnout associated with that." **Stark Follis, on career longevity:** "Few and far between are the old guard like me who make a career of this and retire. There are a few but, but not too many. Most, most people move on to something else after some period of time." **Stark Follis, on…

After this meeting, Council members have a clearer understanding of the 10-year implementation timeline for public defense standards, eliminating previous uncertainty about immediate compliance requirements. The $442,000 OPD funding increase provides budget relief that wasn't previously confirmed. The Supreme Court's ruling creates a definitive compliance framework where none exi…

### Meeting Overview The Whatcom County Council's Criminal Justice and Public Safety Committee met on June 10, 2025, to receive a report from Public Defender Stark Follis about new caseload standards adopted by the Washington State Supreme Court. The meeting focused on how these standards will impact the Public Defender's Office staffing and budget over the next decade. ### Key Terms and Concepts **Caseload Standards:** Limits on how many cases a public defender can be assigned in a 12-month rolling period, not how many cases they can have pending at one time. **Public Defender's Office:** County department that provides legal representation to people who cannot afford private attorneys in criminal cases. **Conflict Office:** Separate legal office that handles cases where the main Public Defender's Office has a conflict of interest. **RCW 10.101 Pass-Through Funds:** State funding that flows through the Office of Public Defense (OPD) to help counties pay for indigent defense services. **Case Weighting Policy:** A system that adjusts attorney caseloads based on time spent on recurring court calendars like arraignments and probation hearings. **Supreme Court Rule:** Court-mandated requirements that counties must follow, unlike advisory bar association standards. **Diversion Programs:** Alternatives to prosecution that keep people out of the criminal justice system entirely. **Mid-Biennium Review:** Mid-cycle budget process where departments model potential spending reductions or increases. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Barry Buchanan | Committee Chair | | Tyler Byrd | Committee Member | | Jon Scanlon | Committee Member | | Stark Follis | Public Defender | | Aly Pennucci | Deputy Executive | | Todd Donovan | Council Member (attending) | | Ben Elenbaas | Council Member (attending) | | Kaylee Galloway | Council Member (attending) | | Mark Stremler | Council Member (attending) | ### Background Context For years, public defender offices nationwide have struggled with overwhelming caseloads that compromise ef…