Chapter 10.101.050 RCW: Indigent Defense Services establishes a state-funded grant program to improve public defense services in cities and counties. Grant funds are to be used to make appreciable, demonstrable improvements in the delivery of public defense services. Each year, OPD distributes more than one million dollars to cities for making and/or sustaining improvements to public defense. Cities may apply for these grant funds under a competitive program described in Chapter 10.101 RCW. Each county that applies for Chapter 10.101 RCW funds receives a pro-rata share of available state funding, based on the formula and other criteria in RCW 10.101.070.
Policies and Standards
Supreme Court Order Re: Standards Amendment Dec 15, 2025
Attorney Time Reporting Policy
Frequently Asked Questions
- What factors are considered when city applications are reviewed?
-
- Local poverty rates
- Number of criminal cases filed
- Percentage of cases assigned to public defenders
- Public defense attorney compensation
- Public defense caseloads
- Whether the proposed use of funds is allowed
- Whether the applicant is currently receiving a grant and showing real improvements
- Whether the applicant will match state grant funds with new local funding
- What factors are considered when county applications are reviewed?
-
Population and Felony filings are a significant factor in the funding distribution formula established in RCW 10.101.070.
- Why did my county funding amount change from last year?
-
The amounts for each county may differ from prior year funding amounts primarily due to a county's increase or decrease in felony filings.
- What can these funds be used for?
-
- Extra investigators or expert witnesses
- Starting a local public defense office
- Having an expert review attorney performance
- A coordinator to manage public defense services
- Higher pay for public defense attorneys
- Legal help at first court appearances
- More attorneys to reduce caseloads
- Social workers to support attorneys and clients
- Training for public defense attorneys
- Evaluations for sentencing options (like drug treatment)
- Interpreter services for attorney-client meetings (not courtroom interpreters)
- Other uses that improve public defense, if OPD approves
- What are some uses NOT permitted?
-
- Replacing city or county money already used for public defense
- General billing or administrative costs for running the program
- Indigency screening (checking if someone qualifies for a public defender)
- Technology or equipment used by the court or government offices (unless it's only for public defense)
- Time spent by city or county attorneys, unless they're specifically reviewing attorney performance as noted in the allowed uses
- Can cities apply even if they haven't in the past?
-
Yes. Cities are encouraged to apply, even if they have not previously participated in the program.
- I checked with some of our county's cities and they’re not applying for these funds. Can the county apply for their share? Does that mean there’s more money available?
-
No, you can’t apply for another city’s share of funds. City public defense funding is discretionary, not based on a fixed formula, so unused funds from one city don’t automatically transfer to another.
County funding, on the other hand, is distributed by a statutory formula and comes from a separate pool set aside specifically for counties.