State Budget Impact on Counties

No new funding for indigent defense

The right to counsel provided by the state is guaranteed by the 6th and 14th amendments. You’ve probably heard law enforcement say this on tv shows:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.

Criminal justice is a State obligation that counties carry out the State’s behalf. Providing adequate funding not only minimizes the impact to county budgets, it also ensures a uniform system of justice. Unfortunately, Washington is at the bottom of states in funding public defense. Here’s the stats:

• 23 states fully fund public defense. Most states provide more than 50% of the cost
• Washington State contributes just 4% to counties for public defense
• Since 2006 there’s been a $50 million increase (56%) in counties’ costs for providing public defense services
• Pierce County spends almost $17 million annually, up from $13 million in 2006

For every dollar out of Pierce County’s General Fund budget we have to spend on the Department of Assigned Counsel, that’s one dollar we don’t have to put deputies on the street, provide behavioral health services, housing for the homeless, or make investments in infrastructure.

Provision for a uniform system of justice is inherently and obviously a State obligation. While large, complicated trials in rural counties are rare, they still must be handled in the same way as a large county. This puts an unfair burden on small counties who aren’t equipped to handle such a trial.

The US Supreme Court has made it clear that it’s states, not counties that are obligated to provide for indigent defense.

To put it another way, the Legislature is violating the civil rights of Washington citizens.

Cannabis tax revenue

I frequently get asked “why can’t we fund xyz program with the new cannabis revenue?” The answer is pretty simple, the Legislature uses nearly all of it to balance their budget. Counties get a small fraction of what’s generated. The good news is cannabis revenue sharing with counties and cities will be increased from $6 million to $15 million. The bad news is that’s the grand total for the entire state.

Public Health

Public Health funding has been hit hard since the Great Recession and we are underprepared for a serious epidemic or public health emergency. This budget takes one small step in the right direction with a $12 million investment in Foundational Public Health Services. Basically these are flexible dollars which local health departments can use to fund local priorities.

Public Works Assistance Account

Once again the Legislature is breaking its vow to restore this critical infrastructure fund, sweeping $254 million to balance their budget. This is an enormously successful, self-sustaining program that provides loans to local governments at below market interest rates.

Ironically, this program has been targeted mostly by Senate Republicans whose districts need this the most. Urban cities and counties have little trouble obtaining financing for infrastructure. Smaller, poorer, rural communities do.

Counties matter

In addition to providing local and regional services, counties act on behalf of the State at the local level. Over the last two decades the Legislature has broken that partnership, cutting funds, but leaving responsibility with county government. That’s put the public’s safety at risk.

While it’s been frustrating to watch that happen, we’ve reached a point where more drastic action must be taken. You don’t need to be a budget guru to realize that you can’t constrain tax capacity, cut shared revenue, and pass new unfunded mandates without repercussion.

The only question is, what will it take to get the Legislature’s attention?