Council on Public Defense

Updated: Oct. 1, 2025

Council on Public Defense

Defense Standards Implementation Guidance and FAQs

The Council on Public Defense (CPD) unites representatives of the bar, private and public criminal defense attorneys, current and former prosecutors, the bench, elected officials, and the public to address new and recurring challenges that impact the public defense system. The Council educates and informs policy makers on issues that need reform and provides concrete proposals that are enhanced by the comprehensive nature of the Council's membership. The CPD is guided by its Charter (revised 2024) and meets regularly throughout the year.

On June 4, 2020, Washington's Supreme Court called on the legal community to recognize that we all bear responsibility for the continuing injustices faced by Black Americans. The Council on Public Defense stands with the Supreme Court and acknowledges the unique role public defenders play in eradicating injustice. Read the Council's full racial justice statement here.

Standards for Indigent Defense Services

WSBA Standards for Indigent Defense Services

In September 2024, the WSBA Board of Governors adopted updated standards for indigent defense services as proposed by the CPD and forwarded the standards to the Washington Supreme Court for consideration. The WSBA standards are recommended and not enforceable.

Court Adopted Standards for Indigent Defense Services

In September 2021, the state Supreme Court ordered adoption of revised standards for indigent defense services. The Court-adopted standards are enforceable. The Court adopted revisions to the Certification of Compliance in October 2023.

In November 2022, the WSBA Board of Governors adopted a comment clarifying the minimum experience levels required for certification for Class B and C felonies under Standard 14.2(E).

Council on Public Defense Initiatives

The Council has accomplished a number of initiatives since it was established as an advisory committee of the WSBA in 2009. The following are some examples of its work.

Defense Resource Packet: Defender Advocacy for Pretrial Release

In November 2019, the WSBA Board of Governors approved distribution of the defender resource packet created by the Council on Public Defense. The defender resource packet is a tool for public defenders to use when representing a client during an initial appearance and detention hearings. The packet includes: 1) a client interview form to prepare for the First Appearance hearing; 2) a CrR(LJ) 3.2 defender advocacy sheet; 3) a sample CrR(LJ) 3.2 release order to request the judge to issue in every case; 4) a list of structural barriers identified by defenders in some jurisdictions around the state; 5) a recent CrR(LJ) 3.2 bench card that was distributed to judges statewide; and 6) a summary of possible effects of pleading guilty. The defender resource packet is a guide and resource for attorneys that reiterates existing court rules and best practices.

Performance Guidelines for Criminal Defense Representation

In June 2011, the WSBA Board of Governors adopted Performance Guidelines for Criminal Defense Representation. The guidelines are intended to be used as a guide to professional conduct and performance and not meant to be undertaken automatically in every case. In September 2020, the WSBA Board of Governors approved updates to the performance guidelines to include representation of clients charged with being persistent offenders, a small addition regarding requiring familiarity with the court rules relating to discrimination in exercising peremptory challenges, and other minor edits.

Performance Guidelines for Juvenile Offense Representation

In November 2017, the WSBA Board of Governors adopted Performance Guidelines for Juvenile Defense Representation.

Performance Guidelines for Attorneys Representing Respondents in Civil Commitment Proceedings

In January 2019, the WSBA Board of Governors adopted Performance Guidelines for Attorneys Representing Respondents in Civil Commitment Proceedings.

Washington State Guidelines for Appointed Counsel in Indigent Appeals

In July 2019, the WSBA Board of Governors adopted Guidelines for Appointed Counsel in Indigent Appeals.