AN ACT Relating to counsel for indigent persons; adding a new chapter to Title 2 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) A committee is created to study the current system in Washington state for providing representation to persons who could not otherwise afford counsel.

(2) The committee shall consist of the following members:

(a) One member appointed by the governor;

(b) One member appointed by the office of financial management;

(d) One member appointed by the chief justice of the state supreme court;

(e) Two members appointed by the Washington State Bar Association, at least one of whom currently provides indigent criminal defense representation;

(f) One member appointed by the association of counties;

(g) One member appointed by the speaker of the house of representatives;

(h) One member appointed by the president of the senate.

(3) A full-time staff position shall be created within the administrator for the courts to administer the work of the committee and prepare a report to the legislature. The committee and the staff position shall expire on February 1, 1989.

NEW SECTION. Sec. 2. The committee shall review the current systems for providing appellate and trial representation to indigent persons in all cases where right to counsel attaches. On or before January 1, 1989, the committee shall report to the judiciary committee of the house of representatives, the law and justice committee of the senate, and the governor on improving the delivery of indigent defense services at the appellate and trial levels. The report shall:

(1) Summarize the current methods of providing indigent services in the state, their costs, and caseloads;

(2) Recommend standards and guidelines for determining appropriate levels of experience and caseload for attorneys under the program;

(3) Establish guidelines to determine who should be eligible to receive legal services;

(4) Recommend alternatives to the current methods of providing and financing appellate and trial services;

(5) Recommend levels of training and supervision of attorneys providing appellate and trial services;

(6) Recommend appropriate levels of compensation and support staff.

NEW SECTION. Sec. 3. If a person in a criminal case or any other case where right to counsel attaches, requests appointed counsel, or the person is indigent, the trial court shall determine whether or not the accused is indigent pursuant to the standards set forth in this chapter based on an affidavit of indigency filed by the accused under oath and other competent evidence as determined by the court. Any information given by the accused pursuant to this section or sections 4 through 6 of this act is confidential and is not available for use by the prosecution in the pending case.

NEW SECTION. Sec. 4. (1) In making its finding pursuant to section 3 of this act, the court shall determine whether the accused lives in a household that is at or below one hundred twenty-five percent of the federally established poverty level. The term "household" means the accused, his or her spouse (unless the spouse was the victim of the offense or offenses allegedly committed by the accused), and any dependents of the accused, who are living together as one economic unit. If the accused has an annual income that is at or below one hundred twenty-five percent of the federally established poverty level, and does not waive his or her right to counsel or retain counsel on his or her behalf, he or she is presumed to be eligible for the appointment of counsel. This presumption is rebuttable, and in instances where the court finds that a more thorough examination of the financial resources of the accused is necessary, the examination shall be undertaken pursuant to section 5 of this act.

(2) For the purpose of determining whether the accused has an annual income that is at or below one hundred twenty-five percent of the federally established poverty level, the income and assets of the accused's spouse, if any, who is a member of the accused's household, shall be considered unless the spouse was the victim of the offense or offenses allegedly committed by the accused.

(3) The determination of the annual income of the accused shall include, but not be limited to: All money, wages, and salaries of the accused before any deductions, less twenty percent; all net profits of the accused from self-employed enterprises; all gross income derived by the accused from rental property minus the cost of doing business; allowances and stipends for food, clothing, and shelter excluding food stamps; payments received from federally aided public assistance programs, general assistance, or other assistance programs based on need; pensions; old-age, veterans, disability, or survivor's benefits; regular or recurring support from absent family members or other persons; trusts, dividends, interests, or royalties; and scholarships or other educational benefits in excess of tuitions and mandatory school fees.

NEW SECTION. Sec. 5. (1) If the accused claims to be indigent and is not presumptively eligible under section 4 of this act, the court shall make a thorough examination of the financial resources of the accused.

(2) In making its examination pursuant to subsection (1) of this section, the court shall consider: The income of the accused as determined pursuant to section 4(3) of this act; all liquid assets of the accused (including but not limited to cash on hand, checking and savings accounts, stocks, bonds, and certificates of deposits); any real estate owned by the accused with regard to the amounts that could be raised by a loan on the property; any exceptional expenses of the accused and his or her spouse and dependents (including but not limited to costs for medical care, family support obligations, and child-care payments) that would, in all probability, prohibit him or her from being able to secure private counsel; 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 that are relevant to the issue of indigency. The appointment of counsel shall not be denied to the accused because the accused's friends or relatives (other than a spouse who was not the victim of the offense or offenses allegedly committed by the accused) have resources adequate to retain counsel or because the person has posted or is capable of posting bond.

(3)(a) The accused shall be presumed ineligible for the appointment of counsel if he or she has liquid assets (as determined under subsection (2) of this section) in excess of five thousand dollars.

(b) Where the accused is presumptively ineligible for the appointment of counsel, the court may, in exceptional circumstances and where the ends of justice so require, appoint an attorney to represent the accused. However, in making the appointments, the court shall state in writing its reasons for doing so. The written statement of the court shall be included in the permanent record of the case.

NEW SECTION. Sec. 6. (1) When the court makes a finding that the accused is entitled to the appointment of counsel pursuant to sections 4 and 5 of this act, the court shall also determine whether the accused has the ability to pay part of the cost of counsel. When the court finds that the accused is able to pay for part of the cost of counsel, assignment of such counsel shall be conditioned on part payment by the accused pursuant to an established method of collection unless the court states in writing its reasons for failing to require part payment. The written statement of the court shall be included in the permanent record of the case.

(2) The court may modify any order entered pursuant to this section or sections 3 through 5 of this act in a hearing based upon a showing of changed circumstances upon the part of the accused. The accused and counsel for the accused who has been granted an order of indigency shall bring to the attention of the court any significant improvement in the financial condition of the accused.

(3) The court may, in a hearing, require a convicted defendant to pay as costs, pursuant to chapters 10.01, 10.64, and 10.82 RCW, such costs of counsel as the defendant is or will be able to pay. Any such order shall be in writing and shall be included in the permanent record of the case.

NEW SECTION. Sec. 7. Sections 3 through 6 of this act constitute a new chapter in Title 2 RCW.