Program Overview
RCW 2.70.200 authorizes WA State OPD to reimburse localities for eligible public defense costs related to representation on simple drug possession or public use charges in courts of limited jurisdiction. Our Simple Possession Advocacy and Representation (SPAR) Program administers and disburses these funds.
The legislature limited these funds to counties with a population of 500,000 or less, or to cities with a population of 200,000 or less. Official population is the annual Population Estimate for cities/counties published each April by OFM.
The SPAR Program will release the application for its upcoming grant cycle, beginning on July 1, 2025, soon. Please check back regularly for updates.
In addition to funding, SPAR also supports public defenders with training and practice resources. And in FY26, SPAR will be expanding access to contracted social workers to support misdemeanor public defenders working on drug possession and public use cases. Stay tuned!
Frequently Asked Questions About the SPAR Program (FAQs)
- What does this funding support?
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This funding helps reimburse localities for public defense costs incurred in the representation of adults charged with misdemeanor drug possession or public use offenses.
- How do I know if my jurisdiction is below the population threshold?
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To determine whether a county has a population of 500,000 or less, and to determine whether a city has a population of 200,000 or less, State OPD consults the April 1 official population estimates from the State Office of Financial Management.
- How are funding awards disbursed?
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This funding is reimbursement-based. If you receive an award from State OPD, you will enter into a funding agreement with us. The grant period will run from July 1 to June 30 of the following year (the state fiscal year). The funding agreement will include a maximum allocated reimbursement amount. During the grant period, OPD will reimburse jurisdictions up to the maximum allocated reimbursement amount upon receipt of properly completed invoices and supporting documentation. OPD provides template invoices and forms to assist jurisdictions in completing reimbursement requests.
- What kinds of costs are covered by the reimbursement grants?
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Per RCW 2.70.200, WA State OPD may reimburse grant recipients for eligible public defense expenses related to representation and consultation on qualifying charges and qualifying cases. Permissible use of funding includes reimbursement for attorney and support staff compensation for consultation and representation on qualifying cases (including some RALJ appeals), reimbursement for investigation costs on qualifying cases, reimbursement for expert services related to qualifying offenses, out-of-court interpreter services, and some training expenses as approved by WA State OPD. Additional expenses may be approved as eligible expenses on a case-by-case basis by WA State OPD. Jurisdictions will be responsible for any other expense
- What’s a qualifying case?
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A qualifying offense is an offense under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, 69.41.030(2), (b), or (c); or a charge of an offense under a local ordinance involving allegations of possession or public use of a controlled substance, counterfeit substance, or legend drug.
- What’s a qualifying offense?
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A qualifying offense is a misdemeanor offense under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, 69.41.030(2), (b), or (c); or a charge of a misdemeanor offense under a local ordinance involving allegations of possession or public use of a controlled substance, counterfeit substance, or legend drug.
- How does OPD determine the reimbursement rates for jurisdictions that receive an award?
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Reimbursement rates are based on a jurisdiction’s actual costs expended in defending qualifying cases. This is true whether you employ salaried public defenders or rely on indigent defense contractors. In the indigent defense contractor scenario, to determine reimbursement rates for attorney compensation, a jurisdiction generally reports the number of qualifying cases by case number handled by a contractor in an invoicing period and either 1) multiplies the number of qualifying cases by the contractor’s case rate; or 2) determines the percent of qualifying cases in an invoicing period and multiplies that by a contractor’s monthly compensation. Variations exist and State OPD will work with selected applicants to the best of its ability to reimburse jurisdiction’s actual costs on qualifying cases.
- How should a jurisdiction determine the amount of funding to ask for?
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Most jurisdictions estimate attorney compensation by estimating the number of qualifying offenses a jurisdiction expects to have filed in a year, multiplied by the average cost of counsel per case. To that number, jurisdictions may add estimated investigation, expert and interpreter service costs related to qualifying cases/charges.
- Can my jurisdiction use this funding to pay for representation on felony cases?
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No. The legislature limited this funding to representation in courts of limited jurisdiction.
- Is this funding the same as the Public Defense Improvement Program (RCW 10.101) grant funding that my jurisdiction receives from State OPD?
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No. A jurisdiction may receive funding under both of these State OPD programs. But, funds awarded under the Public Defense Improvement Program (PDIP) have a different purpose and structure than SPAR funding, and jurisdictions who are awarded funding from both programs should be sure not to confuse these funds. For more information on PDIP, visit its webpage.
For other questions, please contact program staff:
- Grace O'Connor, Supervising Attorney, SPAR Program, 360-586-3164, x.151
- Nicole Dodge, Program Analyst, SPAR Program, 360-586-3164, x. 114
- Angela Colaiuta, SPAR Attorney Trainer, OPD Training Unit, 360-742-6250
- You can also email us at spar@opd.wa.gov
Resources
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