King County Public Defense Pension Case

Dolan v King County

In Washington it is a mandated government service for counties to provide legal defense to indigent persons for whom the right to counsel is constitutionally required. King County provides indigent legal defense services through contracts with the Associated Counsel for the Accused (ACA) and other agencies.

Kevin Dolan is a lawyer paid through ACA to perform indigent defense services for King County. He is entitled to membership and benefits in the Public Employees Retirement System (PERS), but King County failed to report him and others to the Department of Retirement Systems (DRS) and failed to make retirement contributions to DRS.

Class Members

Pierce County Superior Court Judge John R. Hickman certified the following class:

All W-2 employees of the King County public defender agencies and any former or predecessor King County public defender agencies who work or have worked for one of the King County public defender agencies within three years of the filing of this lawsuit.

Case History

June 24, 2009 - King County appeals the decision to the Supreme Court of the State of Washington. See the Grant of Direct Discretionary Review.

February 9, 2009 - The "...Court finds that for purposes of the PERS statute, in Washington State, that the Plaintiff, and the class members he represents, should be considered public employees for purposes of coverage under Washington's PERS statute." See the Court's Written Decision.

February 15, 2007 - The Court denied the County's motion for partial summary judgment on statute of limitations. The Court ordered that the class action will be certified under CR 23(b)(1) and (b)(2), not (b)(3). Accordingly, any potential notices to class members will be considered after liability is decided.

Sept. 15, 2006 - Pierce County Superior Court Judge John R. Hickman certified the following class:

All W-2 employees of the King County public defender agencies and any former or predecessor King County public defender agencies who work or have worked for one of the King County public defender agencies within three years of the filing of this lawsuit.

The Court left for future resolution the question whether the class should also include the following:

All W-2 employees of the King County public defender agencies and any former or predecessor King County public defender agencies who have not worked for one of the King County public defender agencies within three years of the filing of this lawsuit but who work or have worked in a PERS-eligible position within three years of the filing of this lawsuit.

January 24, 2006 - The law firm brought an action in Pierce County Superior Court against King County on behalf of plaintiff Kevin Dolan and a proposed class of similarly situated employees (lawyers and staff) for failing to report individuals who perform indigent legal defense services for King County to the Department of Retirement Systems (DRS), and for failing to make retirement contributions for them.  An amended complaint was filed on August 18, 2006.

Questions can be emailed to the attorneys representing Mr. Dolan and the class of public defenders at PublicDefense@bs-s.com.