AN ACT Relating to
criminal defense; adding new sections to chapter 43.131 RCW; adding a new
chapter to Title 2 RCW; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. In order to implement the
constitutional guarantee of counsel and to ensure the effective and efficient
delivery of the indigent appellate services funded by the state of Washington,
an office of public defense is established as an independent agency of the
judicial branch.
NEW SECTION. Sec.
2. The supreme court shall
appoint the director of the office of public defense from a list of three names
submitted by the advisory committee created under section 4 of this act.
Qualifications shall include admission to the practice of law in this state for
at least five years, experience in the representation of persons accused of a
crime, and proven managerial or supervisory experience. The director shall
serve at the pleasure of the supreme court and receive a salary to be fixed by
the advisory committee.
NEW SECTION. Sec.
3. The director, under the
supervision and direction of the advisory committee, shall:
(1) Administer all
criminal appellate indigent defense services;
(2) Submit a biennial
budget for all costs related to state appellate indigent defense;
(3) Establish
administrative procedures, standards, and guidelines for the program including
a cost-efficient system that provides for recovery of costs;
(4) Recommend criteria
and standards for determining and verifying indigency. In recommending
criteria for determining indigency, the director shall compile and review the
indigency standards used by other state agencies and shall periodically submit
the compilation and report to the legislature on the appropriateness and
consistency of such standards;
(5) Collect information
regarding indigency cases funded by the state and report annually to the
legislature and the supreme court;
(6) Coordinate with the
supreme court and the judges of each division of the court of appeals to
determine how attorney services should be provided.
The office of public
defense shall not provide direct representation of clients.
NEW SECTION. Sec.
4. (1) There is created an
advisory committee consisting of the following members:
(a) Three persons
appointed by the chief justice of the supreme court, including the chair of the
appellate indigent defense commission identified in subsection (3) of this
section;
(b) Two nonattorneys
appointed by the governor;
(c) Two senators, one
from each of the two largest caucuses, appointed by the president of the
senate; and two members of the house of representatives, one from each of the
two largest caucuses, appointed by the speaker of the house of representatives;
(d) One person
appointed by the court of appeals executive committee;
(e) One person
appointed by the Washington state bar association.
(2) During the term of
his or her appointment, no appointee may: (a) Provide indigent defense
services except on a pro bono basis; (b) serve as an appellate judge or an
appellate court employee; or (c) serve as a prosecutor or prosecutor employee.
(3) The initial
advisory committee shall be comprised of the current members of the appellate
indigent defense commission, as established by Supreme Court Order No. 25700-B,
dated March 9, 1995, plus two additional legislator members appointed under
subsection (1)(c) of this section. Members shall serve until the termination
of their current terms, and may be reappointed. The two additional legislator
members, who are not on the appellate indigent defense commission, shall each
serve three-year terms. Members of the advisory committee shall receive no
compensation for their services as members of the commission, but may be
reimbursed for travel and other expenses in accordance with rules adopted by
the office of financial management.
NEW SECTION. Sec.
5. All employees of the
office of public defense shall be exempt from state civil service under chapter
41.06 RCW.
NEW SECTION. Sec.
6. (1) All powers, duties,
and functions of the supreme court and the office of the administrator for the
courts pertaining to appellate indigent defense are transferred to the office
of public defense.
(2)(a) All reports,
documents, surveys, books, records, files, papers, or written material in the
possession of the supreme court or the office of the administrator for the
courts pertaining to the powers, functions, and duties transferred shall be
delivered to the custody of the office of public defense. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property
employed by the supreme court or the office of the administrator for the courts
in carrying out the powers, functions, and duties transferred shall be made
available to the office of public defense. All funds, credits, or other assets
held in connection with the powers, functions, and duties transferred shall be
assigned to the office of public defense.
(b) Any appropriations
made to the supreme court or the office of the administrator for the courts for
carrying out the powers, functions, and duties transferred shall, on the
effective date of this section, be transferred and credited to the office of
public defense.
(c) Whenever any
question arises as to the transfer of any personnel, funds, books, documents,
records, papers, files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties and functions
transferred, the director of financial management shall make a determination as
to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of
the supreme court or the office of the administrator for the courts engaged in
performing the powers, functions, and duties transferred are transferred to the
jurisdiction of the office of public defense. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the office of
public defense to perform their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in
accordance with the laws and rules governing state civil service.
(4) All rules and all
pending business before the supreme court or the office of the administrator for
the courts pertaining to the powers, functions, and duties transferred shall be
continued and acted upon by the office of public defense. All existing
contracts and obligations shall remain in full force and shall be performed by
the office of public defense.
(5) The transfer of the
powers, duties, functions, and personnel of the supreme court or the office of
the administrator for the courts shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments
of budgeted funds are required because of the transfers directed by this
section, the director of financial management shall certify the apportionments
to the agencies affected, the state auditor, and the state treasurer. Each of
these shall make the appropriate transfer and adjustments in funds and
appropriation accounts and equipment records in accordance with the
certification.
(7) Nothing contained
in this section may be construed to alter any existing collective bargaining
unit or the provisions of any existing collective bargaining agreement until
the agreement has expired or until the bargaining unit has been modified by
action of the personnel board as provided by law.
NEW SECTION. Sec.
7. A new section is added to
chapter 43.131 RCW to read as follows:
The office of public
defense and its powers and duties shall be terminated on June 30, 2000, as
provided in section 8 of this act.
NEW SECTION. Sec.
8. A new section is added
to chapter 43.131 RCW to read as follows:
The following acts or
parts of acts, as now existing or hereafter amended, are each repealed,
effective June 30, 2001:
(1) RCW 2.--.--- and 1996 c -- s 1 (section
1 of this act);
(2) RCW 2.--.--- and 1996 c -- s 2 (section
2 of this act);
(3) RCW 2.--.--- and 1996 c -- s 3 (section
3 of this act);
(4) RCW 2.--.--- and 1996 c -- s 4 (section
4 of this act); and
(5) RCW 2.--.--- and 1996 c -- s 5 (section
5 of this act).
NEW SECTION. Sec.
9. Sections 1 through 5 of
this act shall constitute a new chapter in Title 2 RCW.
