The Right to Public Defense. The Washington State Constitution guarantees a person accused in a criminal prosecution the right to counsel. Subsequent court decisions at the state and federal level have clarified this includes the right to have counsel appointed if the defendant cannot afford a lawyer, and the right includes effective assistance of counsel.

The Office of Public Defense. The Washington State Office of Public Defense (OPD) was established in law in 1996, initially with a limited remit, to develop standards for and handle appointment of counsel in criminal appeals for indigent appellants. OPD was originally intended to be terminated in 2000, the date for which was extended in 1998, and then the office was made permanent in 2008. The responsibilities of OPD have grown over time, and now include oversight of appointment of counsel for parents in dependency cases; persons civilly committed as sexually violent predators; persons with criminal appeals and personal restraint petitions originating from superior court; persons committed for treatment after a finding of not guilty by reason of insanity; and other programs, including coordination of the statewide response to State v. Blake. OPD effectuates appointment of counsel by contracting with local agencies, firms, and individual attorneys, and is prohibited by law from providing direct representation to clients. The cost of counsel appointed by OPD is borne by state budget sources and not charged to local jurisdictions.

Criminal Defense Training Academy. The Criminal Defense Training Academy is a five-day training program offered once a year by OPD for up to 36 participants a year. OPD states that priority is given to public defense practitioners from rural areas and those practicing in agencies or firms which lack established training programs. Access is also extended to attorneys new to public defense and with limited trial experience. The curriculum is modeled after prestigious national public defense training programs like the National Criminal Defense College and Gideon's Promise, but relies largely on volunteer faculty. Without dedicated funding, resources are limited to what can be raised by registration fees. Attendees cover their own travel and lodging costs. 

Shortage of Public Defense Attorneys. In November 2023 the director of OPD submitted a memorandum to the Washington Supreme Court requesting the court to order a 90-day moratorium and other restrictions on the assignment of new cases to public defenders, asserting the criminal public defense system in Washington is facing a grave crisis and on the verge of collapse based on a shortage of public defenders and heavy public defense caseloads. Local shortages of public defenders were reported in 2023 in newspaper accounts by outlets including the Tri-City Herald, Bellingham Herald, and Seattle Times.

Subject to appropriations, OPD must expand the capacity of its Criminal Defense Training Academy program to train practitioners who are new to public defense. The program must prioritize training for practitioners in underserved areas and rural areas of the state. The program may incorporate in-person, remote, and recorded resources, must offer intensive trial skill development, and offer networking opportunities.

By June 30, 2026, OPD must expand Criminal Defense Training Academy offerings to include training for public defense practitioners seeking to achieve advanced qualifications.