H-3847              _______________________________________________

                                                   HOUSE BILL NO. 1964

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Niemi, Locke, Appelwick, Wineberry, P. King and Dellwo

Read first time 1/24/86 and referred to Committee on State Government.

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

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

NEW SECTION. Sec. 1.     There is created the office of state public defender.  The state public defender may employ such assistants and personnel as may be necessary for the purpose of carrying out the duties of the office.  Such employment is exempt from state civil service under chapter 41.06 RCW.

NEW SECTION. Sec. 2.     The state bar association shall compile a list of three to five persons qualified for the position of state public defender.  Qualifications shall include admission to the practice of law in this state for at least five years and substantial experience in the representation of persons accused of crime.  The state bar association shall submit this list to the governor, who shall appoint the state public defender from the persons on the list.

NEW SECTION. Sec. 3.     (1) The state public defender shall prepare a report on the current system for providing appellate representation to persons accused of crime who could not otherwise afford counsel.  The report 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.  The report shall be entitled "Report of the State Public Defender."

          (2) The state public defender shall, after examining methods used in other states, develop a state defender program.  The 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 shall 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.

NEW SECTION. Sec. 4.     The state public defender shall submit the report of the state public defender and the state defender program, including recommended changes in court rule, statute, or the state Constitution, to the legislature, the governor, and the supreme court.  The state public defender shall submit the report of the state public defender and the state defender program by December 31, 1986.  The office of the state public defender shall terminate on July 1, 1987.

NEW SECTION. Sec. 5.     There is appropriated from the general fund to the office of state public defender 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. 6.     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.