Applying for a Public Defender

Eligibility

Eligibility is determined solely on our evaluation of your ability to pay your own costs of defense. The standards that are used are similar to those used by other agencies in evaluating eligibility for such things as public housing, welfare, food stamps or medical coupons.

Application Process & Office Hours 
Applications are made in writing at our office on the 3rd floor of the Whatcom County Courthouse, Suite 304. We must have the Affidavit of Indigency (PDF) (aka Public Defender Application) completed. The application is a financial declaration of the income, expenses and assets available to household members. Verification may be required at our discretion. Applications can be made any time after you have been charged with a crime.  Public defenders cannot be appointed to assist you with investigative meetings with law enforcement unless they occur after you have been charged.

Our office is open from 8:30 a.m. - 4:30 p.m.; we are closed from Noon - 1:00 p.m. No appointments are required nor are they accepted. Applications cannot be taken over the phone, but a written and sworn application may be submitted by mail or in person.

Accepted
Our office accepts application for appointed counsel (Public Defenders) from defendants in criminal cases before the District, Juvenile and Superior Courts. You can also apply for appointed counsel in other juvenile matters in our office. Applications for counsel in Municipal Courts should be made to the Municipal Court.