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Santa Clara County public defenders have become a model for getting poor people out of jail before their trials. But their caseloads have exceeded national standards by staggering percentages and upcoming budget talks have the ability to plug an ongoing drain of attorneys.
The county has lost 33 public defenders – who are constitutionally mandated to represent the poor in court – over the last two years. Now an extraordinary county budget crisis, facing a $270 million deficit this year and annual loss of $1 billion due to unprecedented federal spending cuts under President Donald Trump, could put more pressure on the resources of Public Defender Damon Silver’s office. County Executive James Williams is set to make formal recommendations for all county departments on Friday.
Silver said the caseloads are a statewide and national problem – even worse in other places – and county leaders have expressed legitimate concern about the department’s resources during budget talks.
“I’m confident that the County Administration values the critical service we provide and the precarious staffing situation we face,” Silver told San Jose Spotlight. “I believe they will do everything possible to ensure we continue to meet our constitutional and ethical mandates. We are fortunate to have leadership that is in alignment with our office and community values.”
Around 46 felony attorneys had to handle a total of more than 6,400 cases last year, while 19 misdemeanor attorneys were forced to take on 13,545 cases, according to data released by Silver’s office this month. That equates to 139 cases per felony attorney last year – and a whopping 713 cases per misdemeanor attorney.
National caseload standards established by the RAND Corporation recommend 150 cases per misdemeanor attorney and 59 per felony attorney. Damon’s office has been forced to exceed those standards by up to 400%.
Attorneys who were granted anonymity to speak freely said an increasing number of personnel are taking leaves of absence at a doctor’s direction for their own health. Attorneys said at least one younger colleague has left in the last five months due to fears of being laid off.
Retention has been a growing issue for several years for different reasons, those sources said. The work has become more complex due to increasingly voluminous digital evidence, as well as new laws such as the Racial Justice Act and Mental Health Diversion that require significant time to properly litigate.
Raj Jayadev, the executive director of Silicon Valley De-Bug, said the situation is especially concerning since county officials will have to make cuts to social safety net services across all departments.
“If that means people will have less support for housing and substance abuse, public defenders are going to be needed even more,” Jayadev told San José Spotlight.
Public defenders say they welcome this expanded work, as well as post-conviction reforms, because they’re reversing unjust sentences and courtroom outcomes that disproportionately impact people of color. Attorneys celebrated a major victory this month after winning another Racial Justice Act case in Santa Clara County Superior Court. At the same time, attorneys said much of this new work is unfunded.
Public safety represents the county’s single largest category of discretionary spending, according to County Executive James Williams. “While the Recommended Budget comes out on Friday, I can tell you now that protecting public safety and maintaining a balanced, comprehensive approach remains a critical priority, even with the major of fiscal challenges caused by federal budget cuts,” Williams told San José Spotlight.
Even the county’s top prosecutor — on the opposing courtroom bench — is concerned.
“The DA’s Office and Public Defender’s Office are two vital sides of the same criminal justice system coin, and both need to receive the funds that make our community safe, while keeping the process fair,” District Attorney Jeff Rosen told San José Spotlight. “Without that key funding, we endanger our community and the integrity of our court proceedings.”
District 4 Supervisor Susan Ellenberg, who has been outspokenly progressive on criminal justice and reform in the county, said the county’s situation limits how much it can deliver.
“Our budget must reflect the essential role that every department plays in keeping our community safe—from behavioral health and social services to public health and the vital representation the Public Defender’s office provides,” Ellenberg told San José Spotlight. “By carefully balancing these priorities, we can preserve core functions and ensure that each area continues to provide the critical support our residents rely on.”
Contact Brandon Pho at [email protected] or @brandonphooo on X.
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