The federal court in Tacoma recently surveyed the “actual innocence” requirement for legal malpractice claims arising from criminal cases and a related exception to that rule. Neaman v. Washington State Department of Corrections, 2025 WL 672642 (W.D. Wash. Mar. 3, 2025) (unpublished), involved, in relevant part, a malpractice claim against a criminal defendant’s former attorneys […]
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The crisis in public defense is exacerbated by a shortage of applicants for both public defenders and prosecutors, leading to court backlogs and unrepresented citizens. The latest Washington State Bar News addresses these hiring challenges, highlighting perceptions of prosecutorial roles, as well as experiences of Asian American female litigators facing biases in the courtroom.
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Across the country, prosecutors’ offices are struggling. With many prosecutors saying they are underpaid and overworked, offices from Houston to Los Angeles to Yakima are experiencing the consequences of a mounting problem. People just don’t seem to want the job anymore. “What we’re seeing out of law schools, especially in younger attorneys, is they’re really […]
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When you look at the current state of public defense in the state of Washington—indeed, nationwide—you will encounter words like “crisis,” “languish,” and “collapse.” Specifically, there’s a crisis in our public defense system in which many people are left to languish indefinitely without representation and without a fundamental corrective shift the system itself is under […]
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In Spokane, a day in the life of public defender Dustin Howie consists of power walking, comforting clients, and navigating a chaotic court system. He juggles a hefty caseload with his wife Alex, also a public defender. Although the office is well-supported, understaffing remains a problem, leading to overwhelming workloads. Howie supports the idea of reduced caseloads but questions the feasibility given funding constraints.
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The WSBA Board of Governors adopted new caseload standards for indigent defense services, as recommended by the Council on Public Defense (CPD), aiming to mend the collapsing public defense system in Washington. The standards, not binding yet, recommend a significant drop in caseload limits for felony and misdemeanor cases. However, vacancy rates for defense attorneys pose a challenge, and the system remains overloaded, contributing to delays and concerns about fair representation.
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Public defenders in Washington state are facing a crisis due to excessive workload, inadequate funding, and a shortage of lawyers. Efforts are underway to address these issues, including a study to revise caseload standards, government action, and proposed legislation. The state is also facing a lawsuit for failing to adequately fund public defense. Additional bills seek to attract new lawyers and improve the system.
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“Welcome to my rabbit hole, Colin,” Ali Hohman said, “where dreams go to die.” Hohman is mostly joking—mostly. She’s the director of legal services for the Washington Defender Association (WDA), where much of her recent work has been focused on issues arising from the Washington Supreme Court’s earth-shattering decision in State v. Blake. In 2021, a court majority ruled that Washington’s strict liability drug possession statute is unconstitutional. That ruling was like dropping a thermonuclear bomb on almost a half-century of felony drug policy. It immediately prompted hurried statements from law enforcement agencies, a stop-gap measure by the Legislature in 2021, and a renewed legislative correction earlier this year that required a special session to finalize.
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