H-3788.1 _______________________________________________
HOUSE BILL 2319
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Ballasiotes, McMahan and Costa
Read first time 01/09/96. Referred to Committee on Law & Justice.
AN ACT Relating to determination of indigency for legal proceedings; and amending RCW 10.101.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.101.020 and 1989 c 409 s 3 are each amended to read as follows:
(1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches. The court or its designee shall determine whether the person is indigent pursuant to the standards set forth in this chapter.
(2) In
making the determination of indigency, the court shall also consider 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 which are relevant to the issue
of indigency. The ((appointment of counsel shall not be denied to the
person because the person's friends or relatives, other than a spouse who was
not the victim of any offense or offenses allegedly committed by the person,
have)) determination of indigency shall take into account whether the
person has access through friends and relatives to resources adequate to
retain counsel, ((or because)) but not whether the person has
posted or is capable of posting bond.
(3) The determination of indigency shall be made upon the defendant's initial contact with the court or at the earliest time circumstances permit. The court or its designee shall keep a written record of the determination of indigency. Any information given by the accused under this section or sections shall be confidential and shall not be available for use by the prosecution in the pending case.
(4) If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis. If the court subsequently determines that the person receiving the services is ineligible, the court shall notify the person of the termination of services, subject to court-ordered reinstatement.
(5) All persons determined to be indigent and able to contribute, shall be required to execute a promissory note at the time counsel is appointed. The person shall be informed whether payment shall be made in the form of a lump sum payment or periodic payments. The payment and payment schedule must be set forth in writing. The person receiving the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets reported are complete and accurate. In addition, the person must swear in the affidavit to immediately report any change in financial status to the court.
(6) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of the administrator for the courts, based on information obtained from the defendant and subject to verification. The form shall include information necessary to provide a basis for making a determination with respect to indigency as provided by this chapter.
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