Public Defense Union Raises Concerns About Constantine's Pick for DPD Director

The union representing public defenders endorsed a different candidate to lead the troubled department.

By Erica C. Barnett

Earlier this month, as one of his final acts as King County Executive, Dow Constantine nominated Matt Sanders, the interim director of King County's Department of Public Defense, as director of the agency, which has been without a permanent leaders since Anita Khandelwal resigned last September. In his announcement, Constantine called Sanders " the ideal candidate to lead the Department of Public Defense in its important work" and praised his "leadership, advocacy, and unwavering commitment to both DPD employees and the people we serve."

(The Sound Transit board voted to hire Constantine as Sound Transit CEO, at a starting salary of $450,000, on Thursday. The job comes with a monetary benefits package worth an additional $90,000 and will pay out one year's salary when he leaves.)

Sanders was chosen over two other candidates, Snohomish County public defense department director Jason Schwartz and Morris Anyah, an administrative law judge at the Illinois Department of Employment Security.

A 12-person panel that interviewed the three applicants was made up mostly of management representatives, including several people who received promotions from Sanders and could lose their positions if the King County Council doesn't choose him to lead the department. SEIU 925, the union that represents 371 DPD employees, including line attorneys and other staff, was allowed to have one attorney and one paralegal in the room.

Rank and file union members have expressed concerns about Sanders, saying his management style has contributed to low morale and high turnover at the agency. DPD staff have struggled with high caseloads that, according to the union, still have not been resolved more than a year after the Washington State Bar Association adopted new caseload standards that would reduce the number of cases public defense attorneys have to but would also require departments to hire more staff. (Per a union communique in January: "Our Bargaining Team is juuuust about at its patience limit with this ‘collaborative process.’")

On March 19, the union endorsed Schwartz over interim director Sanders, noting that as chair of the WSBA's Council on Public Defense, he "was instrumental in drafting the new caseload standards" for public defense attorneys. "We are confident Jason would be an excellent leader during this time of transition," the union wrote.

Two days later, Constantine announced he was appointing Sanders. The King County Council still has to approve the appointment, which will last one year; at that point, the next King County Executive will decide whether to reappoint Sanders to a full four-year term.

Attorneys who work in the King County court system say turnover at DPD is extraordinarily high, leading to a public defense department with fewer experienced attorneys. On the felony side, attorneys who are qualified to defend the most serious (Class A) felonies end up taking on cases from other attorneys when they leave, contributing to overwork and a lack of consistent representation for people who face the harshest penalties if convicted.

Two days after Constantine announced he was picking Sanders, SEIU delivered a petition demanding that he commit to "fully and faithfully implementing the caseload standards approved by the Washington State Bar Association within three years of July 1st, 2025" and that he reverse new caseload standards the department implemented last year, which, according to the union, are arbitrary and fail to limit caseloads to manageable levels..

"We, the employees of the Department of Public Defense, are feeling frustrated with your leadership," the union wrote. "You have imposed policies that directly impact our working conditions without informing or consulting our union. We are not here to argue the details of specific policies. We have taken time away from our work—away from the clients that depend on us—to request that you display true leadership."

In his response on March 27, Sanders wrote that DPD management "remains committed to ongoing improvements" in caseloads, but "will maintain the current status quo" until the union and management have finished bargaining over the new policy.

"[N]ot only am I committed to the implementation of the WSBA standards, but also I am embracing DPD’s place at the national forefront of implementation of these groundbreaking standards."

The King County Council could approve Sanders' appointment as early as next month.