BILL REQ. #:  H-0186.1 

Prefiled 1/3/2003. Read first time 01/13/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to establishing prosecutors pro tem; adding a new section to chapter 36.27 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature makes the following findings:
     (1) Meritorious cases involving criminal acts are not prosecuted many times because of a lack of resources such as funding and personnel.
     (2) A viable alternative is to supplement existing resources by establishing prosecutors pro tem who work either pro bono, at reduced rates, or at the expense of interested parties, such as the victims of a crime or their survivors, family, or friends.
     (3) If public prosecuting attorneys are unable or unwilling for whatever reasons to pursue a meritorious case, then citizens have the right and the duty to initiate prosecutions under an alternative method in order to achieve justice.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.27 RCW to read as follows:
     (1) In the interest of justice, a prosecutor pro tem may be appointed to appear in any superior court in any action on behalf of the government and conduct the prosecution upon request of the court, the local prosecutor, the attorney general, the governor, or a private citizen for good cause shown.
     (2) A prosecutor pro tem may be appointed to appear on behalf of the government and conduct the prosecution only if the court has first reviewed the attorney certification submitted on a form prescribed by the supreme court, ruled on the contents of the certification, and granted the attorney's motion to act as a prosecutor pro tem for good cause shown. The finding of good cause shall be made on the record.
     (3) A prosecutor pro tem shall represent the government in criminal cases in the court granting the attorney's motion and in appeals for which the attorney was appointed, except in cases where the attorney has a conflict of interest.
     (4) While acting as prosecutor pro tem, the attorney has all of the powers of a prosecuting attorney. It is the primary duty of all prosecutors pro tem not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
     (5) If the appointed prosecutor pro tem is also an attorney for the government, the duties of the appointed office are additional duties of the attorney's present office, and the attorney is not entitled to additional compensation. Nothing in this section prevents a court of a county from contracting with another court to pay expenses and reimburse compensation paid by a county to an attorney for the government who is appointed to perform additional duties.
     (6) If the appointed prosecutor pro tem is not an attorney for the government, before the attorney enters upon the duties of the office of prosecutor pro tem, the attorney shall take and subscribe an oath or affirmation that he or she will faithfully and impartially discharge the duties of his or her office of prosecutor pro tem to the best of his or her ability. This oath, or affirmation, shall be administered and certified by an officer authorized to administer oaths, without charge. The attorney is qualified to perform the duties of the office of prosecutor pro tem for which the attorney is appointed on filing an oath with the clerk of the court. The attorney shall act pro bono or receive nonpublic compensation from interested parties for the performance of the attorney's duties as prosecutor pro tem. If the attorney receives public compensation for the performance of the attorney's duties as prosecutor pro tem, the attorney shall receive compensation in the same amount and manner as an attorney appointed to represent an indigent person.