WSR 10-15-031

RULES OF COURT

STATE SUPREME COURT


[ July 8, 2010 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrR 3.1-RIGHT TO AND ASSIGNMENT OF LAWYER; CrRLJ 3.1-RIGHT TO AND ASSIGNMENT OF COUNSEL AND JuCR 9.2-ADDITIONAL RIGHT TO REPRESENTATION BY LAWYER )) ) ) ) ) ORDER

NO. 25700-A-959


Justice Sanders having recommended the adoption of the proposed amendments to CrR 3.1-Right to and Assignment of Lawyer; CrRLJ 3.1-Right to and Assignment of Counsel and JuCR 9.2-Additional Right to Representation by Lawyer, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as shown below hereto are adopted.

(b) That the amendments will be published in the Washington Reports and will become effective September 1, 2010.

DATED at Olympia, Washington this 8th day of July, 2010.
Madsen, C.J.


C. Johnson, J.


Owens, J.


Alexander, J.


Fairhurst, J.


Sanders, J.


J. M. Johnson, J.


Chambers, J.


Stephens, J.



SUGGESTED RULE CHANGES


1. 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, or at the first appearance of the lawyer in the case, the court shall require the lawyer to certify to the court that he or she complies with the applicable Standards for Indigent Defense Services to be approved by the Supreme Court.


SUGGESTED RULE CHANGES


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, or at the first appearance of the lawyer in the case, the court shall require the lawyer to certify to the court that he or she complies with the applicable Standards for Indigent Defense Services to be approved by the Supreme Court.


SUGGESTED RULE CHANGES


2. 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 for an indigent person, or at the first appearance of the lawyer in the case, the court shall require the lawyer to certify to the court that he or she complies with the applicable Standards for Indigent Defense Services to be approved by the Supreme Court.

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