Public defenders sue Spokane County over work standards

May 11-Attorneys hired by Spokane County to represent those who can't afford lawyers have sued their handlers over a set of standards that public defenders believe violates the state constitution and could put the commissioners in jeopardy of future lawsuits.

The suit against Spokane County was filed May 1 in Pend Oreille County by Colin Charbonneau, director of the Spokane County Public Defender's office, and Victoria Blumhorst, director of the Counsel for Defense, whose attorneys are paid by the county to do the same public defense work but are needed whenever a conflict of interest prevents other public defenders from handling the cases.

According to the suit, the group of about 70 attorneys face what's known in legal circles as a Hobson's choice, or one that provides no real alternative. On one hand, the public defenders have myriad ethical standards set by the Washington State Supreme Court down to local bar associations. On the other, they have county managers who believe the attorneys should be able to handle more cases for the funds the county provides.

While that conflict has been present since the dawn of public defenders, the current legal dispute is based partly on a decision by Charbonneau and Blumhorst last year to adopt new guidelines from the Washington State Bar Association for the number of felony and misdemeanor cases that one attorney could handle at one time.

Those new standards "gave public defense attorneys more time than they previously had for representation," the suit states in part. "Many public defenders ... are currently at or beyond caseload capacity."

The suit quotes one of the attorneys, identified only as "Attorney C."

"I have worked in this office for over four years and the whole time I have supported a criminal justice system that enacts violence upon my clients," the attorney wrote. "I have stretched myself thin, neglected my personal life, accepted more cases than any attorney can competently handle, and worked countless unpaid hours.

"I have compromised my own well-being based on the belief that I was fighting against this criminal justice system. Instead, I was merely propping up this broken system ... I will no longer be complicit."

After enacting the new standards that give the public defenders more time, Charbonneau and Blumhorst began having conversations with Spokane County commissioners. They reported, according to the lawsuit, about the "exhaustive study" of times it takes attorneys to investigate and prepare an effective defense for most cases.

Despite raising those concerns, commissioners in December adopted a change to the Spokane County code that set a caseload 36% higher for felonies and 7% higher for misdemeanors as compared to the standards the public defenders earlier set that were based on studies by the Washington State Bar Association.

On Dec. 25, Charbonneau sent a letter to the board requesting a meeting to discuss the amendments. He noted, according to the suit, that the commissioners' amendments "require managers to assign cases beyond ethical thresholds" and thereby violate the rules of professional conduct.

"I appreciate the financial issues facing Spokane County and difficult budgetary decisions this Board is required to make," he said in the suit. "Our constitutional obligations, however, supersede any funding issues."

In January, commissioners told Charbonneau that he had failed to follow proper procedure by adopting the new caseload requirements, asked him to resign and said they were considering removing him as director of the public defender's office.

A month later, commissioners had essentially the same conversation with Blumhorst.

"We do not have the ethical capacity in my office to do what Spokane County's new ordinance requires. It is asking me to violate my obligations under the Washington State Constitution and the Washington Rules of Professional Conduct, and I cannot and will not do that," she said, according to the suit.

Commissioner Josh Kerns then accused Blumhorst of violating statutory law and court rules by adhering to the WSBA standards rather than the county's directive. Kerns then asked Blumhorst if she wished to resign, and she declined.

After further discussions did not resolve the matter, Charbonneau and Blumhorst filed the suit on May 1.

Toby Marshall, who, along with Julia Bladin, works for the firm representing the two public defenders, noted the lawsuit was an extreme measure.

"They felt like they had no choice," Marshall said. "They are trying to protect their attorneys and their own livelihood. They feel if they were to follow what the county is asking them to do by way of caseloads that they would not be in compliance with the Washington State Supreme Court."

Since the suit was filed on May 1, attorneys for Spokane County won't face a deadline to respond until May 21.

In a prepared statement, Commissioner Mary Brooks said all defendants deserve to have an attorney who has adequate time to effectively represent them.

"That principle is not in dispute," Brooks wrote. "What is in dispute is who has the legal authority to set caseload standards - and whether two county employees can override a legislative decision by suing their employer in a foreign county.

"The answer to both questions favors Spokane County," she continued.

She noted Spokane County has budgeted $13 million for public defense for 2026.

"We will not be deterred from governing responsibly by a lawsuit that mischaracterizes the law and duties of county employees," Brooks wrote.

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