H-4550              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1964

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By House Committee on State Government (originally sponsored by Representatives Niemi, Locke, Appelwick, Wineberry, P. King and Dellwo)

Read first time 2/7/86 and passed to Committee on Rules.

AN ACT Relating to the state public defender; creating a new section; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     (1) The office of the governor shall enter into a contract with an independent contractor to study the current system for providing appellate representation to persons accused of crime who could not otherwise afford counsel.  The study shall include statistical data, case studies, and other pertinent information regarding the quality and cost of representation at the appellate level by appointed counsel of persons accused of crime.

          (2) The independent contractor shall, after examining methods used in other states, develop a plan for establishing a state appellate level defender program.  The proposed program shall include:

          (a) Recommendations for a state-wide plan to provide appellate legal services to persons accused of crime who would not otherwise be able to afford representation.  Consideration should be given to whether participation in the program should be at the discretion of local governmental entities;

          (b) Recommendations for a manner of financing the program;

          (c) Standards and guidelines for determining who should be eligible to receive legal services under the program;

          (d) Recommendations for a plan to provide counsel when a conflict of interest would prevent representation by attorneys in the program;

          (e) Standards and guidelines for determining maximum and minimum caseloads for attorneys in the program; and

          (f) Recommendations for a plan to train attorneys in the program.

          (3) The results of the study and the plan for establishing the appellate level defender program shall be submitted to the governor, the legislature, and the supreme court by December 31, 1986.

NEW SECTION. Sec. 2.     There is appropriated from the general fund to the office of governor for the biennium ending June 30, 1987, the sum of one hundred thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.