OLYMPIA — Sen. Nikki Torres, R-Pasco, issued the following statement after the latest state operating budget proposal removed a previously approved public defense funding provision and bipartisan legislation aimed at addressing Washington’s growing public defense crisis stalled this session.

Earlier this session, the Senate approved a proposal dedicating seven percent of revenue from the Democrats’ proposed income tax to public defense. The funding was intended to help counties cover the rising cost of providing constitutionally required legal representation while maintaining core services such as law enforcement, emergency response, public works, and elections.

However, the latest budget proposal negotiated with the governor eliminates that public defense carveout and instead adds several sales tax exemptions. Counties warn that the change could reduce their budgets and leave them uncertain about how they will cover growing public defense obligations.

“The Democrats like to dangle the carrot, making promises to municipalities,” said Torres. “First it was five percent of the proposed income tax revenue, then it was seven percent dedicated to local governments. In the end, those promises disappeared, and counties are left once again trying to cover a constitutional responsibility without the support they were told was coming.”

Counties across Washington have warned lawmakers for years that the current public defense funding model is unsustainable. Rising costs, combined with new caseload standards adopted by the Washington Supreme Court, are increasing demand for attorneys and placing additional pressure on already strained local budgets.

Earlier this session, Torres introduced a bipartisan package of legislation aimed at stabilizing and strengthening Washington’s public defense system. The proposal was developed following months of discussions with prosecutors, public defenders, city and county leaders, and members of the legal community who warned that the system is approaching a tipping point.

“We introduced bipartisan legislation to address workforce shortages, strengthen oversight, and begin shifting a fairer share of public defense costs to the state,” Torres said. “Those proposals were developed after hearing from communities across Washington that the system is reaching a breaking point.”

Despite the bipartisan effort, none of the proposals advanced during the legislative session.

“When counties cannot find attorneys to take cases, courts are forced to delay proceedings, and defendants can remain in jail without representation,” Torres said. “In some cases, when delays stretch too long, defendants are released, and victims never receive the justice they deserve. The state cannot continue shifting the burden of a constitutional responsibility almost entirely onto counties.”

The 2026 legislative session is scheduled to conclude today, Thursday, March 12.

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