S-0605.1 _______________________________________________
SENATE BILL 5046
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State of Washington 53rd Legislature 1993 Regular Session
By Senators Haugen, Winsley and Newhouse
Read first time 01/11/93. Referred to Committee on Law & Justice.
AN ACT Relating to repayment of cost of counsel provided to indigent persons; and amending RCW 10.101.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.101.020 and 1989 c 409 s 3 are each amended to read as follows:
(1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standards set forth in this chapter.
(2) In making the determination of indigency, the court shall also consider the anticipated length and complexity of the proceedings and the usual and customary charges of an attorney in the community for rendering services, and any other circumstances presented to the court which are relevant to the issue of indigency. The appointment of counsel shall not be denied to the person because the person's friends or relatives, other than a spouse who was not the victim of any offense or offenses allegedly committed by the person, have resources adequate to retain counsel, or because the person has posted or is capable of posting bond.
(3) The determination of indigency shall be made upon the defendant's initial contact with the court or at the earliest time circumstances permit. The court or its designee shall keep a written record of the determination of indigency. Any information given by the accused under this section or sections shall be confidential and shall not be available for use by the prosecution in the pending case.
(4) If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis. If the court subsequently determines that the person receiving the services is ineligible, the court shall notify the person of the termination of services, subject to court-ordered reinstatement.
(5) All persons determined to be indigent ((and
able to contribute,)) shall be required to execute a promissory note at the
time counsel is appointed. The ((person shall be informed whether payment
shall be made in the form of a lump sum payment or periodic payments. The
payment and payment schedule must be set forth in writing)) note shall
include the following terms and provisions:
(a) The face amount shall be for the anticipated value of services to be rendered. This amount may be adjusted at the conclusion of the representation to reflect the actual value of services rendered.
(b) Payment may be either a single lump sum or divided into installments.
(c) Interest shall be fixed at the rate paid on United States Treasury ninety-day obligations at the time the note is initially prepared and signed.
(d) The maturity of the note may not be fixed at more than five years from the date the note is signed.
(e) The note shall contain a provision that payments may be deferred or forgiven if the maker's indigency continues.
(f) The note shall contain provisions that collection costs incurred, including reasonable attorneys' fees, shall be added to the principal balance due and that the note may be assigned to a private collection agency. The person receiving the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets reported are complete and accurate. In addition, the person must swear in the affidavit to immediately report any change in financial status to the court.
(6) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of the administrator for the courts, based on information obtained from the defendant and subject to verification. The form shall include information necessary to provide a basis for making a determination with respect to indigency as provided by this chapter.
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