SENATE BILL REPORT

SB 5960

BYSenators Nelson, Talmadge and Niemi

Defining and providing indigent defense services.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5960 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Hayner, Madsen, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  March 1, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 29, 1989; March 30, 1989

Majority Report:  That Second Substitute Senate Bill 5960 be substituted therefor, and the second substitute do pass.

      Signed by Senators McDonald, Chairman; Bauer, Bluechel, Cantu, Gaspard, Hayner, Lee, Newhouse, Niemi, Owen, Smith, Warnke, Wojahn.

Senate Staff:Lynn French (786-7715)

                  March 31, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 30, 1989

BACKGROUND:

The system in Washington for providing legal representation to people who cannot otherwise afford attorneys varies from county to county.  In some counties both trial and appellate counsel are appointed by the court from a list of attorneys who have indicated their willingness to represent indigent defendants.  These attorneys are paid on a per case or per hour basis.  Some counties enter into contracts with private law offices or nonprofit organizations to handle all of the indigent trial defense needs.  The attorneys are paid a set amount for each case depending upon whether it is a misdemeanor or a felony.  In divisions II and III, indigent appellate defense work is performed by either private attorneys who have communicated their availability for such work or by trial counsel.  These attorneys are paid a set amount by the Supreme Court for each case.  In division I, all indigent appellate defense work is performed by a nonprofit organization that has contracted with the Supreme Court.  That organization is paid a set amount for each case and aggravated murder is the only felony case for which there is greater compensation.

During the 1988 legislative session a study was mandated to review the state's current system of providing representation for indigent persons.  The legislation created a special committee, the Indigent Defense Task Force, to review the system of providing counsel for indigent persons at both the trial and appellate levels and to report its findings to the Legislature.

SUMMARY:

A court or its designee is required to make a determination of indigency for all persons who request the appointment of counsel at public expense.  A person is indigent if he or she:  (1) receives specified types of public assistance; or (2) has an income that is 125 percent or less of the federal poverty level; or (3) is committed to a public mental health facility; or (4) is unable to pay for counsel because his or her available funds are insufficient to pay any amount to retain counsel.

In making a determination of indigency, the court is also to consider the length and complexity of the proceedings and the usual and customary fees of attorneys in the community.  A person who is indigent but still able to make a contribution toward payment of the cost of counsel is required to execute a promissory note at the time counsel is appointed.

A city or county that seeks reimbursement from the state must adopt standards, based on various specified criteria, for the delivery of public defense services.

The Department of Community Development is to review documents and eligibility screening mechanisms of counties wishing to receive state reimbursement.  Subject to available funds, the department is to provide reimbursement for costs of public defense services.

The Indigent Defense Task Force created in 1988 is to continue through June 1990.  The task force is to examine current methods of delivering appellate indigent defense services in the state and make recommendations to the Legislature.  In addition, the task force is to review the proposed system for providing for public defense services for indigent persons and make recommendations to the Legislature regarding the existing programs.  The task force is also to review the administration of public defense funds and advise the Legislature on the need for creating an independent office to oversee and administer reimbursement and contract guidelines.

EFFECT OF PROPOSED SUBSTITUTE:

Technical amendments are made to clarify the intent of the recommendation by the Indigent Defense Task Force.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

All provisions are deleted that provide for the state to reimburse counties and cities for up to 50 percent of their costs for indigent defense services, and it drops the provision making an unspecified appropriation.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 23, 1989

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: LAW & JUSTICE: PRO: Judge Pekelis, Court of Appeals; Bob Boruchowitz, Washington Defender Association, King County; Barbara Gletne, Public Defense Program, King County; Peter Offenbecher, Office of Federal Public Defender; Duane Colley, Island County; Mike Redman, WAPA; Paul Klasen, Grant County Prosecuting Attorney

Senate Committee - Testified: WAYS & MEANS:  Senator Gary Nelson, prime sponsor; Ralph Mackey, Snohomish County; Mary McQueen, Office of the Administrator for the Courts