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.
Subscribe to read the series
County approves some new positions
Most agree Washoe County’s justice system—from the courts and District Attorney’s office to public defenders—is stretched thin. The District Attorney’s office, Public Defender and Alternate Public Defender each cited a need for more resources. The court is also bursting with cases.
“We have consistently made reasonable requests for staffing increases over the last several years during the county’s annual budget process,” DA’s office spokesperson Michelle Bays said. “We do all we can to ensure we operate efficiently and recognize that we are funded through taxpayer dollars. Our current staffing levels are similar to those in fiscal year 2008, despite significant increases in population and work demands.”
More than 50 new positions were requested by the DA, but only four were received in the most recent budget. “We routinely seek grant funding to augment our budget and fund important positions or programs,” Bays added. “In 2023 that figure was $803,551. Unfortunately, this funding will often be temporary or subject to cuts, which we are seeing year after year with Victims of Crime funding.”
Federal funding—from the Violence Against Women Act and the Victims of Crime Act—has been cut in recent years, “which seems contrary to the emphasis placed on victims’ rights during the same years,” Bays said.
“We obviously want to minimize the need to use outside counsel which can be more expensive than handling the work in-house.”
Washoe County officials waffled in answering specific questions for this article, but a few hours after This Is Reno sent several emails with questions about the PD’s report to county officials, County Manager Eric Brown contacted the Board of County Commissioners.
He sent an email to the board on Aug. 6, calling it a “follow up” to a July 2 email he had sent to commissioners about the “Indigent Defense Workload Report.” After July 2, DA Chris Hicks said that Brown came to a different conclusion about that report.
“The Washoe County Manager recently met with local criminal justice stakeholders regarding the Indigent Defense Workload Report, which included local courts, the Washoe County Sheriff, the Public Defender and Alternate Public Defender, and the DA’s Office,” Bays said. “His conclusion was that the claimed rise in Public Defender workload had multiple factors not directly attributable to the DA plea-bargaining standards.”
County spokesperson Bethany Drysdale did not say the exact same thing. “Manager Brown has had several conversations with the DA and others about this report, including about the numerous factors that have contributed to a heavy caseload for the Public Defender’s and Alternate Public Defender’s offices,” she said. “He has relayed his feelings about this over the course of those conversations.”
In the Aug. 6 email to commissioners, Brown said he was recommending a workload study—what Public Defender Evelyn Grosenick had requested in early July—to examine staffing levels for the DA, PD and APD offices. He also said he was going to “adjust staffing levels” and explore technology improvements.
“I have directed our budget team and [Assistant County Manager Kate] Thomas to make adjustments to PD and APD staffing levels focusing on the right mix of attorneys, paralegals and interns to address the current workload demands,” Brown wrote. “We obviously want to minimize the need to use outside counsel which can be more expensive than handling the work in-house.
“Finally, there is still disagreement between the DA and the PD/APD as to whether the change in the DA’s charging policy is the principal cause of workload issues,” he added. “Most seem to feel there are multiple factors involved. Rather than try to resolve this disagreement, I think it is more important to begin addressing the PD/APD staffing needs while we implement the study which will help us optimize our staffing across the system.”
New attorneys are coming to the public defender offices. That’s something County Commissioner Mike Clark said he stressed last year. “Every time we add to the DA’s office, we need to counterbalance the public defender’s side,” he told This Is Reno in August. “It seems like it’s a loaded situation to me.”
The PD and APD—Grosenick and Hickman—said they were appreciative the county manager’s response. “A jurisdiction specific workload study is the best, most accurate way to determine resource and staffing needs, and the commitment from the Manager’s Office to undertake this is a step in the right direction,” they said. “The PD and APD offices recognize that the solution is going to take significant time and an implementable plan.”
On Tuesday, Clark said during a county commission meeting that the public defender’s office needs more resources in the next county budget. He said the office was “understaffed and underfunded.”
“I’d like to make sure … that they get the proper staffing,” he said. “I think that the public defender’s office is doing outstanding work. I hope that they are properly staffed in a future budget.”
