This article is part three in a series. Read part one in the September issue of Bar News at https://wabarnews.org/2026/09/10/public-defense-crisis-is-an-opportunity-for-change/ and find part two in the October issue of Bar News at https://wabarnews.org/2026/10/13/implementation-of-public-defender-standards-requires-full-professional-staff-support-for-attorneys/.
By Victoria Blumhorst and Robert C. Boruchowitz
Public safety often is measured by how aggressively crimes are policed, prosecuted, and ultimately punished, obscuring the essential role of public defense in keeping our communities safe. We see reflections of this in local government. For example, the cornerstone of Gov. Bob Ferguson’s public safety plan is “to increase the number of law enforcement personnel in Washington—including state law enforcement agencies, and helping local governments hire more police officers.”11 See, Governor Bob Ferguson Priorities, available at https://governor.wa.gov/priorities, last checked Oct. 30, 2026. In addition, some legislators insist on being “tough on crime.”22 See, e.g., “Rep. Dan Griffey says Washington must be tougher on crime,” Washington State House Republican Communications, Feb. 20, 2024, available at https://dangriffey.houserepublicans.wa.gov/2024/02/20/rep-dan-griffey-says-washington-must-be-tougher-on-crime/. But the reality is that an investment in public defense is an investment in public safety and in the integrity of the criminal legal system.
We should reconsider how resources are allocated within that system and invest in comprehensive reforms that can improve outcomes for defendants, victims, and the public at large.
Public Defense for Public Safety
One of the most serious consequences of an underfunded public defense system is the risk of wrongful conviction. When public defenders lack the resources necessary to provide effective representation, the innocent may be incarcerated while the real perpetrators remain free. Excessive caseloads also increase the risk of convictions being overturned on appeal because of ineffective assistance of counsel, delaying justice for victims and prolonging uncertainty for all.
The consequences extend beyond individual cases. As a recent article from the Vera Institute of Justice observed:
The price of pretrial detention, long sentences, and wrongful convictions is steep—both for public budgets and for communities. Failing to fund public defenders doesn’t save money—it shifts costs onto communities, families, and future budgets.33 Nazish Dholakia, “Public Defenders Are Underfunded. Justice Pays the Price,” Feb. 17, 2026, available at www.vera.org/news/public-defenders-are-underfunded.
Effective public defense protects more than the rights of the accused. It strengthens the reliability of criminal proceedings, helps avoid costly errors, and, ultimately, provides better protection for victims and communities. As Washington Rep. Adison Richards stated when proposing legislation to strengthen public defense, “A healthy public defense system protects victims, supports law enforcement, and keeps our courts moving.”44 “Lawmakers Unveil Sweeping Bipartisan Plan to Confront Washington’s Public Defender Crisis,” Senate Republicans, Dec. 18, 2025, available at https://nikkitorres.src.wastateleg.org/lawmakers-unveil-sweeping-bipartisan-plan-to-confront-washingtons-public-defender-crisis/.
The benefits of effective public defense also extend beyond the courtroom. A well-resourced public defender can address the underlying circumstances in a client’s life that have contributed to their being charged with a crime, including housing instability, mental health challenges, and substance use disorders. These services can help reduce recidivism. A lawyer can work on the legal issues in a client’s case while working with a staff social worker to help the client find pretrial release options and develop sentencing recommendations if the client is convicted.
The final bullet point in Gov. Ferguson’s public safety priorities supports this strategy, stating:
Invest in upstream solutions, including youth engagement and outreach, behavioral health interventions, and non-armed response personnel that de-escalate situations, provide needed support to vulnerable people, and allow law enforcement to focus on crime prevention and response.55 Governor priorities, supra note 1.
We need parallel investments in public defense and in the “upstream solutions” that can reduce the need for defenders.
Prosecutors also recognize the safety benefits of addressing the circumstances that contribute to criminal behavior. As Delaware County District Attorney Tanner Rouse recently told The New York Times, helping people obtain treatment and get back on their feet “is far more likely to yield long-term safety than simply putting that person in jail for a stretch.”66 Issie Lapowsky, “Can a ‘Teach for America’ Model Save Public Defense?” The New York Times, Sept. 12, 2026, available at www.nytimes.com/2026/09/12/headway/can-a-teach-for-america-model-save-public-defense.html.
Rethinking Resource Allocation
In a prior Bar News article, Yakima County Prosecuting Attorney Joseph Brusic described prosecutors, public defenders, and the court as “part of a three-legged stool.”77 Colin Rigley, “No Rest for the Prosecution,” Washington State Bar News, Feb. 11, 2025, available at https://wabarnews.org/2025/02/11/no-rest-for-the-prosecution/.
But funders do not always recognize this. In 2025, the Washington State Legislature approved $100 million to support police hiring.88 “$100M Plan for Police Hiring Gets Greenlight from Washington House,” The Columbian, March 12, 2025, available at www.columbian.com/news/2025/mar/12/100m-plan-for-police-hiring-gets-greenlight-from-washington-house/. At the same time, it authorized a local sales tax, the revenue from which could be used for a variety of criminal justice purposes, including public defense, diversion, and reentry programs.99 ESHB 2015, available at https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/2015-S.SL.pdf?q=20260912161703. Not every jurisdiction has adopted the new tax or applied it for public defense. Increasing law enforcement funding without reciprocal and proportional investments in public defense risks wasting taxpayer money. When there is not enough funding for public defense, there are longer pretrial jail stays, more delays in court, and an increased risk of costly reversals and retrials. Prosecutors, judges, and law enforcement officers cannot efficiently do their jobs if there are not enough defense attorneys. A balanced approach to funding benefits public safety.
Investing in Comprehensive Defense
Beyond addressing funding disparities, strengthening public defense also requires investing in the resources attorneys need to represent their clients effectively. As the WSBA’s Standards for Indigent Defense Services indicate, effective representation includes significant support from investigators, paralegals, legal assistants, social workers, and technology.1010 WSBA Standards for Indigent Defense Services, available at www.wsba.org/docs/default-source/legal-community/committees/council-on-public-defense/standards-for-indigent-defense-services_2024.09.07_final.pdf?Status=Master&sfvrsn=8bdb19f1_5. Without the necessary resources, defenders are unable to prepare cases thoroughly or help their clients address those circumstances contributing to future involvement in the justice system.
Research on holistic defense models illustrates the potential of this alternative approach. Holistic defense goes beyond traditional legal representation by combining it with advocacy for social services to address clients’ broader needs and the consequences of criminal charges.
Take, for example, The Bronx Defenders—a New York City public defense organization whose holistic approach was the focus of a 2019 RAND Corporation study. The study found that over 10 years, the program saved an estimated $160 million in inmate housing costs and appreciably increased the use of alternatives to incarceration, particularly in drug and larceny cases. Importantly, clients receiving holistic representation were no more likely to be rearrested than those who were incarcerated for longer periods.1111 RAND Corporation, “Holistic Representation: An Innovative Approach to Defending Poor Clients Can Reduce Incarceration and Save Taxpayer Dollars—Without Harm to Public Safety,” Jan. 11, 2019, available at www.rand.org/pubs/research_briefs/RB10050.html. Likewise, a study in Santa Barbara, California, found that a similar program “improved legal outcomes and produced cost savings without impacting public safety.”1212 C. Ross Heaton, “Research on the Effectiveness of Holistic Defense Models & Social Workers in Public Defender Offices,” December 2023, available at https://cjil.sog.unc.edu/wp-content/uploads/2023/12/Research-on-Impact-of-Social-Workers_2023.12.19.pdf.
These studies demonstrate the potential benefits of comprehensive public defense. With support from social workers, attorneys can develop meaningful alternatives to incarceration that address clients’ underlying needs. Paralegals and investigators can also help attorneys prepare cases more thoroughly, reducing delays and improving outcomes for defendants, victims, and the justice system as a whole.
To be truly tough on crime, all participants in the criminal legal system need adequate funding and support. That includes public defenders, whose work is essential not only to protecting constitutional rights but also to protecting public safety.
Throughout his career, Vincent Schiraldi, a veteran corrections professional and advocate for alternatives to incarceration, has championed “humane and innovative policies consistent with public safety.”1313 The Pinkerton Foundation note, available at www.thepinkertonfoundation.org/staff/vincent-schiraldi-visiting-fellow. Schiraldi’s bio on the Pinkerton Foundation website, where he was a recent visiting fellow, states that what fuels his work is “[t]he hope that we can treat people entangled in the legal system the way we would want our loved ones treated in the same circumstances.”1414 Id.
As we determine ways to provide necessary funding for public defense, we should think of public safety as Schiraldi has. Our communities are safest when we have fully funded public defenders.
ABOUT THE AUTHORS
Robert C. Boruchowitz is a professor from practice and director of The Defender Initiative at Seattle University School of Law.
Victoria Blumhorst is director of Spokane Counsel for Defense and chair of the WSBA Council on Public Defense.
NOTES
1. See, Governor Bob Ferguson Priorities, available at https://governor.wa.gov/priorities, last checked Oct. 30, 2026.
2. See, e.g., “Rep. Dan Griffey says Washington must be tougher on crime,” Washington State House Republican Communications, Feb. 20, 2024, available at https://dangriffey.houserepublicans.wa.gov/2024/02/20/rep-dan-griffey-says-washington-must-be-tougher-on-crime/.
3. Nazish Dholakia, “Public Defenders Are Underfunded. Justice Pays the Price,” Feb. 17, 2026, available at www.vera.org/news/public-defenders-are-underfunded.
4. “Lawmakers Unveil Sweeping Bipartisan Plan to Confront Washington’s Public Defender Crisis,” Senate Republicans, Dec. 18, 2025, available at https://nikkitorres.src.wastateleg.org/lawmakers-unveil-sweeping-bipartisan-plan-to-confront-washingtons-public-defender-crisis/.
5. Governor priorities, supra note 1.
6. Issie Lapowsky, “Can a ‘Teach for America’ Model Save Public Defense?” The New York Times, Sept. 12, 2026, available at www.nytimes.com/2026/09/12/headway/can-a-teach-for-america-model-save-public-defense.html.
7. Colin Rigley, “No Rest for the Prosecution,” Washington State Bar News, Feb. 11, 2025, available at https://wabarnews.org/2025/02/11/no-rest-for-the-prosecution/.
8. “$100M Plan for Police Hiring Gets Greenlight from Washington House,” The Columbian, March 12, 2025, available at www.columbian.com/news/2025/mar/12/100m-plan-for-police-hiring-gets-greenlight-from-washington-house/.
9. ESHB 2015, available at https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/2015-S.SL.pdf?q=20260912161703.
10. WSBA Standards for Indigent Defense Services, available at www.wsba.org/docs/default-source/legal-community/committees/council-on-public-defense/standards-for-indigent-defense-services_2024.09.07_final.pdf?Status=Master&sfvrsn=8bdb19f1_5.
11. RAND Corporation, “Holistic Representation: An Innovative Approach to Defending Poor Clients Can Reduce Incarceration and Save Taxpayer Dollars—Without Harm to Public Safety,” Jan. 11, 2019, available at www.rand.org/pubs/research_briefs/RB10050.html.
12. C. Ross Heaton, “Research on the Effectiveness of Holistic Defense Models & Social Workers in Public Defender Offices,” December 2023, available at https://cjil.sog.unc.edu/wp-content/uploads/2023/12/Research-on-Impact-of-Social-Workers_2023.12.19.pdf.
13. The Pinkerton Foundation note, available at www.thepinkertonfoundation.org/staff/vincent-schiraldi-visiting-fellow.
14. Id.