The “Washoe County Indigent Defense Workload Report,” released on June 25 by the Washoe County Public Defender, details sharp increases in work hours, shows a need for more attorneys and staff and claims that a new plea policy instituted by Washoe County District Attorney Chris Hicks is largely responsible for increased workloads for Washoe County public defenders. The DA’s office disagrees, insists the policy enhances justice for alleged criminals and victims and says it aligns with policies in other jurisdictions. Regardless of who or what’s to blame, Washoe County’s criminal justice system is facing unprecedented amounts of work leading to clogged courts.
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Jail called out for causing delays
The Public Defender’s “Indigent Defense Workload Report,” which details sharp increases in work hours for county public defenders, calls out the Washoe County Sheriff’s Office and a technology change that requires public defenders to visit their incarcerated clients in person at the detention facility.
The report notes, “[WCSO] removed the Washoe County Public Defender’s primary form of communicating confidentially with in-custody clients without providing a comparable replacement. As a result, the only reliable way to confidentially speak with in-custody clients is for the attorney to drive to the Washoe County jail, go through visiting, walk up to a quarter of a mile to the meeting room, wait up to 45 minutes for the inmate to appear, meet with the client, then repeat the process in order to leave.”
“We are a very unique jurisdiction in that our jail is so far from the courthouse,” Alternate Public Defender Kate Hickman said.
A WCSO spokesperson, Mary-Sarah Kinner, would not provide details on what happened. “The Sheriff’s Office switched inmate communications vendors in an effort to further increase the ability of inmates to communicate with their families, friends and legal representatives,” she said. “As is natural with technology, there were some bumps, and the Sheriff’s Office diligently worked with all involved to continue to improve communication.
“Further, and occasionally in the course of regular business, inmates may be moved between housing units as a result of behavior or classification needs,” Kinner added. “Sometimes, in doing so, the unit to which the inmate is moved has already filled the allotted number of visitations for the day and a visitation is rescheduled. The Sheriff’s Office has taken even more steps to ensure that inmates are able to openly communicate with their legal representatives as part of their defense and looks forward to continuing to work with all involved in the process.”
“The trials really pushed us over the edge as far as being able to meet our ethical obligations.”
Kinner would not say what changed or when.
The APD, Hickman, said she appreciated the changes, but the problems were not completely fixed. “We are appreciative of the steps taken to install phones that can be used for urgent, non-confidential communication to ease the burden of driving to the jail, which is located approximately 13 miles from the courthouse,” she said. “This improvement provides some relief, [but] it does not completely remedy the issues raised in the report.”
Judicial resources also lacking
The APD—and others—said the District Attorney’s new approach to negotiating plea deals is a “driving force” in more cases going to trial. The plea policy change indicates a defendant charged with crimes “will normally be expected to plead guilty to the most serious charge or most serious degree of charge filed that reflects the nature of his or her criminal conduct, or go to trial.”
“I cannot say that every trial or trial setting has occurred solely because of the change in the state’s approach to negotiations, because several trials that have occurred technically are not subject to that policy,” Hickman said. “However, the fundamental change that the policy has had on the criminal legal system in Washoe County means that a significant number of cases are set for trial and are going to trial more than ever before. The increase in trials and trial settings are a direct result of the state’s rigid approach to negotiations.”
Carissa Hessick, a professor at the University of North Carolina School of Law, who is an expert on plea bargaining, said Washoe County also appears to lack adequate judicial resources, which could be contributing to the problem. “It sounds like, based on the numbers [provided by This Is Reno], that a major factor in the court backlog, may be the number of judges who are available in the county, and that number of judges is going to result in a calendar backlog,” she said.
Washoe County Second Judicial District Court Administrator Alicia Lerud said the courts have seen a notable increase in cases since early 2023. She did not identify reasons why, however. Data from the court show that criminal jury trials more than doubled from 2022 to 2023, from 38 to 94. The court saw, in 2019, about the same number as in 2022, with dips in 2020 and 2021—the pandemic years. The court saw 59 jury trials in 2024 through the end of June.
“Beginning in 2023 and continuing through 2024, the Second Judicial District Court has seen an unprecedented number of criminal cases proceed to jury trial,” Lerud said.
“I don’t think it’s good for them to be under this sort of pressure.”
During the same time period, however, Clark County reported 74 criminal cases resolved through jury trial. Clark County’s Eighth Judicial District Court has 32 judges assigned to general jurisdiction. Washoe County’s Second Judicial District Court has nine.
“The court has maximized its limited resources to ensure the constitutional rights of defendants are being met,” Lerud said. “The court is looking at all possibilities to expand resources such as trial staff, court reporters and courtroom space to ensure the Court can continue to meet its obligations to the citizens of Washoe County.” 
Washoe County Public Defender Evelyn Grosenick said that, despite the population difference between Washoe and Clark counties, Clark County has “only 50-60% of the trials that we have.”
Because criminal trials have precedent over civil cases, that means civil cases in Washoe County are taking longer to be heard, Lerud said. “Civil trials are being scheduled out into 2026. This may be necessary because of court calendar congestion or by request of the civil parties.”
“Even without the trials, we’re struggling,” Grosenick added. “But man, the trials really pushed us over the edge as far as being able to meet our ethical obligations.”
Attorney Kelsey Angeley, who left the Public Defender office earlier this year because of the workload, said something has to give. “The way things are going, either the community is going to have to put up more money to increase the infrastructure and number of attorneys, or the District Attorney’s office is going to have to charge fewer crimes,” she said. “I don’t think it’s good for the people who work in the court system—whether that’s on the prosecution side, the defense side or in the system itself—I don’t think it’s good for them to be under this sort of pressure.”
