Island County commissioners are considering imposing a new public safety sales tax to help balance the 2026 budget in the face of skyrocketing public defense costs and other funding challenges.

The one-tenth of 1% sales tax, if adopted, would generate about $1.9 million a year, according to Island County Budget Manager Susan Geiger. It would increase the sales tax rate in unincorporated Island County to 8.9%.

On Wednesday, the commissioners, the prosecutor, the chief civil deputy prosecutor, the sheriff and Geiger discussed House Bill 2015, which was signed into law by Gov. Bob Ferguson earlier this year. The law allows counties and cities to impose the new tax without going to voters, provided the jurisdictions meet certain eligibility requirements.

The purpose of the tax is to improve public safety funding by providing local criminal justice agencies the ability to increase revenue.

In addition, the law set up a $100 million statewide grant program administered by the state Criminal Justice Training Commission. Island County Sheriff Rick Felici said he would move forward quickly with sending the Training Commission documents to prove that his office already complies with the grant eligibility requirements, which include the adoption of policies on de-escalation, the compilation of use-of-force data and officer training for sexual assault and gender-based violence.

The commissioners decided to move forward with the tax, which will require a public hearing in October or November. If adopted, the tax will likely go into effect on April 1.

The sales tax rate in unincorporated Island County is currently 8.8%, while Oak Harbor’s rate is 9%. A rate increase will put Island County’s rates above cities in Skagit County; nearby Anacortes has a rate of 8.8%, and Burlington has a rate of 8.7%. In Snohomish County, on the other hand, Lynnwood’s sales tax rate in 10.6%, according to the Washington State Department of Revenue.

Geiger said Island County already has two similar sales tax measures, both of which are set at one-tenth of 1%. One of them raises money for mental health services while the other funds juvenile justice.

The new tax, if adopted, will help the commissioners balance the $36 million current expense budget, which funds the majority of departments — including law and justice. The commissioners are currently working on the 2026 budget, which started out with a $1.3 million deficit. The two biggest drivers of the deficit are public defense and the adoption of a vehicle leasing program for the sheriff’s office, Geiger explained in an interview.

The overall cost of providing defense attorneys to represent indigent defendants in criminal court increased from $1 million in 2023 to $1.8 million in 2024. This year, the cost will likely likely match the higher amount, according to Geiger.

Geiger explained that the increased cost is due to conflict attorneys, who have to be hired if the county’s regular public defense firm cannot represent a defendant. The county contracts with Island Defense for about $900,000 a year.

The cost of conflict attorneys increased precipitously in 2023. In an interview, Human Resources Director Catherine Reid explained that an attorney who was handling 15 conflict cases died unexpectedly in October 2023. The county’s Office of Public Defense had a great deal of difficulty finding attorneys to take on the cases, especially with the limited number of criminal defense attorneys in Island County. As a result, the county had to increase its fee schedule for outside attorneys and look farther outside the county.

In addition, Reid said there’s been an increase in complex criminal cases in recent years, which often require conflict attorneys and many hours of work. It’s not uncommon for defendants facing serious charges to disagree with their attorneys and for judges to allow the attorneys to withdraw, which means new attorneys need to be found. A Camano Island murderer, for example, went through four attorneys before he was finally sentenced last year.

Island County Commissioner Jill Johnson also pointed out that new public defense caseload standards are likely, which will further increase the cost. The Washington Supreme Court is currently reviewing proposed changes to the standard, as recommended by the State Bar Association.

Geiger said the commissioners are still considering moving public defense “in house” as a county department, as opposed to contracting with an outside firm. County officials believe that such a move would help to attract more defense attorneys, since they would get wages equal to the deputy prosecutors as well as the county’s generous benefits. Also, the move could lessen the need for conflict attorneys.

The Island County Prosecutor’s Office is currently reviewing potential code changes for a public defense department.

Yet public defense isn’t the only driver of cost increases for the county.

Geiger explained that the county entered into a vehicle leasing program to create a stable, dependable way to provide the sheriff’s office with vehicles. In the past, the process was more haphazard, with the sheriff coming to the commissioners when he needed new vehicles and the commissioners finding the money from different funds; sometimes, the commissioners turned down requests.

While the leasing program may be better, it’s also more expensive.

In addition to implementing a sales tax, the commissioners have also made cuts. Geiger said they aren’t filling some open positions, including the county administrator position. The communications manager position was recently removed from the budget.