Editorial: State should let counties set their own property tax rates

Murders must be prosecuted, but the most horrific cases can drain the coffers of smaller counties and greatly compromise the budgets of larger ones.

The Legislature recognizes this but sets aside a small fraction of the amount needed to help the counties bear these costs. There is, however, something lawmakers could do: Lift the 1 percent lid on annual property tax increases, and let counties help themselves.

Everyone has a right to an attorney, and counties spend about $120 million a year providing defense counsel for indigent defendants charged with felonies. They get about $5 million back from the state, according to an Associated Press report.

For aggravated murders, which are complex cases costing more to prosecute and defend, the state may reimburse counties, but the sum available also falls short. Since 2010, counties have issued reimbursement requests of $23 million, and the state has coughed up a mere $3.4 million.

These are not frivolous claims. The requests are vetted and prioritized by the Office of Public Defense, the Washington Association of Prosecuting Attorneys and the Washington Association of Sheriffs and Police Chiefs. Then the list is sent to lawmakers. The process is solid, but criminal justice requests are up against the big budget items: education, corrections and social services.

Rep. Ross Hunter, D-Medina, chairman of the House Ways and Means Committee, has correctly identified the real funding problem, telling AP, “Counties are being bankrupted because of the growth limit on property taxes.”

But he’s going to have to persuade his colleagues, because it was the 2001 Legislature that imposed the 1 percent cap on annual county property tax increases. Voters had approved Initiative 747, which set the limit, but the courts intervened. Ever since, county budgets have gone up about 3 percent to 5 percent around the state, with criminal justice consuming 70 percent of revenues.

County officials, particularly in rural areas, cringe at being hit by the lightning strike of an aggravated murder case. Okanogan County spent $284,000 in 2009-10 prosecuting one murder-for-hire case. In 2010, Spokane County sought reimbursement in eight cases costing $734,449, according to the Office of Public Defense.

It’s easy to see why most counties avoid death-penalty cases, which are the most expensive to mount. Spokane County saved a bundle letting Pierce County pursue the execution of serial killer Robert Lee Yates Jr.

County officeholders in both parties say the 1 percent cap has triggered worrisome public safety cuts. Lincoln County is down to five deputies. Spokane County has lost 20 since 2008.

The Association of Washington Counties supported a bill last session that would have replaced the 1 percent cap with a formula based on population growth and inflation. The cap would rise to 5 percent. County officials would still have to make the case. Voters could throw them out if they disagreed.

If there’s any justice, lawmakers will remove the counties’ decision-making handcuffs.