WSR 07-22-079

RULES OF COURT

STATE SUPREME COURT


[ November 1, 2007 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrR 3.1(d), JuCR 9.2(d) and CrRLJ 3.1(d) )

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ORDER

NO. 25700-A-880


Justice Sanders having recommended the adoption of the proposed amendments to CrR 3.1(d), JuCR 9.2(d), and CrRLJ 3.1(d), and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Office of the Administrator for the Court's websites in January, 2008.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2008. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 1st day of November, 2007.
For the Court
Gerry L. Alexander
CHIEF JUSTICE


SUGGESTED AMENDMENT

CrR 3.1, JuCR 9.2, and CrRLJ 3.1



PURPOSE: The proposed rules provide minimal standards to be satisfied before a judicial officer may appoint an attorney to render services to an indigent person. These standards are contained in the Standards for Indigent Defense Services as endorsed by the Washington State Bar Association.

The purpose of the proposed rules is to place responsibility with the appointing judicial authority to require minimum expertise, competence and ability in those appointed to better insure adequate representation of the indigent client. This is and should be a judicial function.


. Suggested Rule Change to CrR 3.1(d)


CrR 3.1 (a)-(c) and (e)-(f) [unchanged]

(d) Assignment of Lawyer.

(1) Unless waived, a lawyer shall be provided to any person who is financially unable to obtain one without causing substantial hardship to the person or to the persons family. A lawyer shall not be denied to any person merely because the person's friends or relatives have resources adequate to retain a lawyer or because the person has posted or is capable of posting bond.

(2) The ability to pay part of the cost of a lawyer shall not preclude assignment. The assignment of a lawyer may be conditioned upon part payment pursuant to an established method of collection.

(3) Information given by a person to assist in the determination of whether the person is financially able to obtain a lawyer shall be under oath and shall not be available for use by the prosecution in the pending case in chief.

(4) Before appointing a lawyer for an indigent person, the court shall satisfy itself that proposed counsel has demonstrated the proficiency, ability and commitment to quality representation appropriate to the proceedings, pursuant to the Standards for Indigent Defense Services as endorsed by the Washington State Bar Association.


. Suggested Rule Change to JuCR 9.2(d)


JuCR 9.2 (a)-(c) [unchanged]

(d) Juvenile Offense Proceedings. The court shall provide a lawyer at public expense in a juvenile offense proceeding when required by RCW 13.40.080(10), RCW 13.40.140(2), or rule 6.2.

(1) Before appointing a lawyer in a juvenile offense proceeding, the court shall satisfy itself that proposed counsel has demonstrated the proficiency, ability and commitment to quality representation appropriate to the proceedings, pursuant to the Standards for Indigent Defense Services as endorsed by the Washington State Bar Association.


Suggested Rule Change to CrRLJ 3.1(d)


CrRLJ 3.1 (a)-(c) and (e)-(f) [unchanged]

(d) Assignment of Lawyer.

(1) Unless waived, a lawyer shall be provided to any person who is financially unable to obtain one without causing substantial hardship to the person or to the persons family. A lawyer shall not be denied to any person merely because his or her friends or relatives have resources adequate to retain a lawyer or because he or she has posted or is capable of posting bond.

(2) The ability to pay part of the cost of a lawyer shall not preclude assignment. The assignment of a lawyer may be conditioned upon part payment pursuant to an established method of collection.

(3) Information given by a person to assist in the determination of whether he or she is financially able to obtain a lawyer shall be under oath and shall not be available for use to the prosecution in the pending case in chief.

(4) Before appointing a lawyer for an indigent person, the court shall satisfy itself that proposed counsel has demonstrated the proficiency, ability and commitment to quality representation appropriate to the proceedings, pursuant to the Standards for Indigent Defense Services as endorsed by the Washington State Bar Association.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office