Thurston County Public Defense dealing with more cases, fewer attorneys 

For the second consecutive year, the Thurston County Public Defense (TCPD) has closed the 2024 fiscal year in the black, even with a $400,000 reduction in funding. 

However, speaking at the State of the Department Address during the Thurston County Board of County Commissioners (BoCC) work session on Feb. 12, Public Defense Director Patrick O’Connor warned that financial constraints, growing caseloads and attorney shortages will stretch resources in 2025. 

“We took our reduction and, with (fiscal manager) Jose Vargas’ leadership and some creativity from the department, we were able to manage that reduction,” O’Connor said. 

Closing out 2024, the department marked its seventh consecutive year in the black, with $22,249 left over from its $8.8 million budget. 

Over the last seven years, the department has remitted approximately $2.7 million back to the county’s general fund, O’Connor reported. 

Still, cuts to funding, loss of attorneys and heavier caseloads are making it increasingly difficult for public defenders to meet rising demands. 

Fiscal stability at TCPD 

As public defense departments across the U.S. deal with funding reductions, TCPD continues to operate within its allocated budget, officials say. 

O’Connor stated strategic financial management and teamwork have been a factor in sustaining the department’s operations.

He credited the combined efforts of his TCPD’s attorneys, administrative personnel and fiscal staff for their effectiveness and efficiency in staying on track with their work and budget. 

As budgetary limitations continue to impact public defense services, County Manager Leonard Hernandez pointed to the department’s problem-solving mindset in sustaining its mandate without compromising service quality. 

Those unpredictable factors make it difficult to forecast costs, he said. 

Attorney retention and caseload crisis 

According to O'Connor, one of the biggest problems heading into 2025 is the retention of independent contract attorneys. The legal professionals are the ones handling conflict of interest cases that in-house public defenders legally cannot take on. 

The department faced retention issues as attorneys opted for higher-paying contracts in other counties. 

“Surrounding counties (were) paying up to 50% more than we were paying,” O’Connor said. 

To combat this attorney exodus, the county raised hourly rates for contract attorneys. 

The TCPD increased the pay for Class A felony cases from $90 to $125 per hour. O’Connor elaborated that the rate is closer to what neighboring counties pay. 

“I had to raise compensation rates to our contractors to keep them here because we’ve already lost a couple contractors to surrounding counties because they were paying more,” O’Connor explained. 

Officials said raising the contractor pay rate has not eliminated concerns about staffing shortages. They explained that there is no guarantee the increase will be sufficient to attract and keep experienced attorneys. 

“Their question was, ‘Why work here when I can make twice almost what you’re paying me in a surrounding county?’” O’Connor said. 

He added that fewer contract attorneys and an influx of new cases have intensified the workload for public defenders, stretching resources thin. 

According to the department data: 

• District Court assignments surged to 2,459 in 2024 from 1,591 in 2023.

• Juvenile Court assignments decreased to 261 in 2024 from 339 in 2023.

• Superior Court felony assignments dropped to 1,703 in 2024 from 1,987 in 2023.

This 2025, as new statewide public defense standards take effect, TCPD is bracing for increased case complexity and heavier attorney workloads. 

“I met with County Manager (Leonard Hernandez) and Assistant County Manager Summer Miller on Monday (Feb. 10) with my team, start having conversations about forecasting impact. Should the Supreme Court adopt the standards?” said O’Connor emphasizing the implementation of new statewide justice standards will happen in three phases. 

Rising cost of justice 

In addition to attorney salaries and caseload crisis, public defense is also facing mounting costs for expert witnesses, whose testimony is often needed for fair trials. 

Unlike prosecutors, who have state-funded access to expert witnesses, public defense must pay for them out of its own budget. 

“As public defense, our experts and services that attorneys are ethically obligated to pursue to defend a client, they were not paid for by the state,” O’Connor said. 

Over the last five years, the rising cost of expert services has mirrored economic trends like inflation and higher public defense expenses. 

“Just like every other professional service in America, candidly, over the past three to five years, they’ve raised their rates too due to inflation and their cost of living and running their business,” O’Connor said. 

Commissioner Carolina Mejia asked for specific figures regarding expert rate increases, but O’Connor did not provide exact numbers during the briefing. 

O’Connor remained hopeful the department would find ways to adapt and meet its obligations. 

“We have forecasted expenses, but we’re going to have to see how those expenses play out,” said O'Connor, as he emphasized the TCPD’s commitment to budget transparency. 

The BoCC acknowledged public defense funding challenges and plans to conduct further financial discussions in the coming months. 

A final decision on possible funding adjustments is expected by the end of the first quarter of 2025.