BILL REQ. #:  Z-0636.4 

Read first time 02/21/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to civil legal services funding, administration, and oversight; amending RCW 43.08.260, 43.08.270, and 2.56.030; reenacting and amending RCW 43.08.250; adding a new chapter to Title 2 RCW; and recodifying RCW 43.08.260 and 43.08.270.

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

Sec. 1   RCW 43.08.250 and 2001 2nd sp.s. c 7 s 914 and 2001 c 289 s 4 are each reenacted and amended to read as follows:
     The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons under RCW 43.08.260 (as recodified by this act), winter recreation parking, drug court operations, and state game programs. During the fiscal biennium ending June 30, 2003, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, treatment for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, the replacement of the department of corrections' offender-based tracking system, and methamphetamine-related enforcement, education, training, and drug and alcohol treatment services.

Sec. 2   RCW 43.08.260 and 1997 c 319 s 2 are each amended to read as follows:
     (1)(a) The legislature recognizes the ethical obligation of attorneys to represent clients without interference by third parties in the discharge of professional obligations to clients. However, to ensure the most beneficial use of state resources, the legislature finds that it is within the authority of the legislature to specify the categories of legal cases in which qualified legal aid programs may provide civil representation with state moneys. Accordingly, moneys appropriated for civil legal representation ((pursuant to this section)) shall not be used for legal representation that is either outside the scope of this section or prohibited by this section.
     (b) Nothing in this section is intended to limit the authority of existing entities, including but not limited to the Washington state bar association, the public disclosure commission, the state auditor, and the federal legal services corporation to resolve issues within their respective jurisdictions.
     (2) Any money appropriated by the legislature ((from the public safety and education account pursuant to RCW 43.08.250 or from any other state fund or account)) for civil representation of indigent persons shall be deposited in the state civil legal services account under section 5 of this act and used solely for the purpose of administering the account and contracting with qualified legal aid programs for legal representation of indigent persons in matters relating to: (a) Domestic relations and family law matters, (b) public assistance and health care, (c) housing and utilities, (d) social security, (e) mortgage foreclosures, (f) home protection bankruptcies, (g) consumer fraud and unfair sales practices, (h) rights of residents of long-term care facilities, (i) wills, estates, and living wills, (j) elder abuse, and (k) guardianship.
     (3) For purposes of this section, a "qualified legal aid program" means a not-for-profit corporation incorporated and operating exclusively in Washington which has received basic field funding for the provision of civil legal services to indigents from the federal legal services corporation or that has received funding for civil legal services for indigents under this section before July 1, 1997.
     (4) The ((department of community, trade, and economic development)) administrator for the courts shall establish a distribution formula based on the distribution by county of individuals with incomes below the official federal poverty level guidelines. When entering into a contract with a qualified legal services provider under this section, the ((department)) administrator for the courts shall require the provider to provide legal services in a manner that maximizes geographic access in accordance with the formula established in this subsection (4).
     (5) Funds distributed to qualified legal aid programs under this section may not be used directly or indirectly for:
     (a) Lobbying.
     (i) For purposes of this section, "lobbying" means any personal service, advertisement, telegram, telephone communication, letter, printed or written matter, or other device directly or indirectly intended to influence any member of congress or any other federal, state, or local nonjudicial official, whether elected or appointed:
     (A) In connection with any act, bill, resolution, or similar legislation by the congress of the United States or by any state or local legislative body, or any administrative rule, rule-making activity, standard, rate, or other enactment by any federal, state, or local administrative agency;
     (B) In connection with any referendum, initiative, constitutional amendment, or any similar procedure of the congress, any state legislature, any local council, or any similar governing body acting in a legislative capacity; or
     (C) In connection with inclusion of any provision in a legislative measure appropriating funds to, or defining or limiting the functions or authority of, the recipient of funds under this section.
     (ii) "Lobbying" does not include the response of an employee of a legal aid program to a written request from a governmental agency, an elected or appointed official, or committee on a specific matter. This exception does not authorize communication with anyone other than the requesting party, or agent or employee of such agency, official, or committee.
     (b) Grass roots lobbying. For purposes of this section, "grass roots lobbying" means preparation, production, or dissemination of information the purpose of which is to encourage the public at large, or any definable segment thereof, to contact legislators or their staff in support of or in opposition to pending or proposed legislation; or contribute to or participate in a demonstration, march, rally, lobbying campaign, or letter writing or telephone campaign for the purpose of influencing the course of pending or proposed legislation.
     (c) Class action lawsuits.
     (d) Participating in or identifying the program with prohibited political activities. For purposes of this section, "prohibited political activities" means (i) any activity directed toward the success or failure of a political party, a candidate for partisan or nonpartisan office, a partisan political group, or a ballot measure; (ii) advertising or contributing or soliciting financial support for or against any candidate, political group, or ballot measure; or (iii) voter registration or transportation activities.
     (e) Representation in fee-generating cases. For purposes of this section, "fee-generating" means a case that might reasonably be expected to result in a fee for legal services if undertaken by a private attorney. The charging of a fee pursuant to subsection (6) of this section does not establish the fee-generating nature of a case.
     A fee-generating case may be accepted when: (i) The case has been rejected by the local lawyer referral services or by two private attorneys; (ii) neither the referral service nor two private attorneys will consider the case without payment of a consultation fee; (iii) after consultation with the appropriate representatives of the private bar, the program has determined that the type of case is one that private attorneys do not ordinarily accept, or do not accept without prepayment of a fee; or (iv) the director of the program or the director's designee has determined that referral of the case to the private bar is not possible because documented attempts to refer similar cases in the past have been futile, or because emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time.
     (f) Organizing any association, union, or federation, or representing a labor union. However, nothing in this subsection (5)(f) prohibits the provision of legal services to clients as otherwise permitted by this section.
     (g) Representation of undocumented aliens.
     (h) Picketing, demonstrations, strikes, or boycotts.
     (i) Engaging in inappropriate solicitation. For purposes of this section, "inappropriate solicitation" means promoting the assertion of specific legal claims among persons who know of their rights to make a claim and who decline to do so. Nothing in this subsection precludes a legal services program or its employees from providing information regarding legal rights and responsibilities or providing information regarding the program's services and intake procedures through community legal education activities, responding to an individual's specific question about whether the individual should consult with an attorney or take legal action, or responding to an individual's specific request for information about the individual's legal rights or request for assistance in connection with a specific legal problem.
     (j) Conducting training programs that: (i) Advocate particular public policies; (ii) encourage or facilitate political activities, labor or antilabor activities, boycotts, picketing, strikes, or demonstrations; or (iii) attempt to influence legislation or rule making. Nothing in this subsection (5)(j) precludes representation of clients as otherwise permitted by this section.
     (6) The ((department)) administrator for the courts may establish requirements for client participation in the provision of civil legal services under this section, including but not limited to copayments and sliding fee scales.
     (7)(a) Contracts entered into by the ((department of community, trade, and economic development)) administrator for the courts with qualified legal services programs under this section must specify that the program's expenditures of moneys distributed under this section:
     (i) Must be audited annually by an independent outside auditor. These audit results must be provided to the ((department of community, trade, and economic development)) administrator for the courts; and
     (ii) Are subject to audit by the state auditor.
     (b)(i) Any entity auditing a legal services program under this section shall have access to all records of the legal services program to the full extent necessary to determine compliance with this section, with the exception of confidential information protected by the United States Constitution, the state Constitution, the attorney-client privilege, and applicable rules of attorney conduct.
     (ii) The legal services program shall have a system allowing for production of case-specific information, including client eligibility and case type, to demonstrate compliance with this section, with the exception of confidential information protected by the United States Constitution, the state Constitution, the attorney-client privilege, and applicable rules of attorney conduct. Such information shall be available to any entity that audits the program.
     (8) The ((department of community, trade, and economic development)) administrator for the courts must recover or withhold amounts determined by an audit to have been used in violation of this section.
     (9) The ((department of community, trade, and economic development)) administrator for the courts may adopt rules to implement this section. In addition to all other rule-making requirements and procedures, the supreme court must approve proposed rules. The supreme court may also recommend rules to be adopted by the administrator for the courts.

Sec. 3   RCW 43.08.270 and 1997 c 319 s 3 are each amended to read as follows:
     The joint legislative civil legal services oversight committee is established.
     (1) The committee's members are one member from each of the minority and majority caucuses of the house of representatives, who are appointed by the speaker of the house of representatives, and one member from each of the minority and majority caucuses of the senate, who are appointed by the president of the senate.
     (2)(a) The committee shall oversee the provision of civil legal services funded through RCW 43.08.260 (as recodified by this act) and shall act as a forum for discussion of issues related to state-funded civil legal services.
     (b) By December 1, 1997, and by December 1st of each year thereafter, the committee must report to the appropriate standing policy and fiscal committees of the legislature on the provision of legal services under RCW 43.08.260 (as recodified by this act).
     (3) The committee chairman is selected by the members and shall serve a one-year term. The chairman position rotates between the house and senate members and the political parties.
     (4) The committee shall meet at least four times during each fiscal year. The committee shall accept public testimony at a minimum of two of these meetings.

Sec. 4   RCW 2.56.030 and 2002 c 49 s 2 are each amended to read as follows:
     The administrator for the courts shall, under the supervision and direction of the chief justice:
     (1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
     (2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
     (3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
     (4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
     (5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
     (6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
     (7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
     (8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
     (9) Submit annually, as of February 1st, to the chief justice, a report of the activities of the administrator's office for the preceding calendar year including activities related to courthouse security;
     (10) Administer programs and standards for the training and education of judicial personnel;
     (11) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration which shall make recommendations to the legislature. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;
     (12) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
     (13) Attend to such other matters as may be assigned by the supreme court of this state;
     (14) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers and be updated yearly to reflect changes in statutes, court rules, or case law;
     (15) Develop, in consultation with the entities set forth in RCW 2.56.150(3), a comprehensive statewide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 1997, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;
     (16) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be made available to all superior court and court of appeals judges and to all justices of the supreme court;
     (17) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel. Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts statewide;
     (18) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required;
     (19) Develop a Washington family law handbook in accordance with RCW 2.56.180;
     (20) Administer funds for civil legal representation purposes under RCW 43.08.260 (as recodified by this act).

NEW SECTION.  Sec. 5   The state civil legal services account is created in the custody of the state treasurer. All moneys appropriated from any source, fund, or account for civil representation of indigent persons shall be deposited in the civil legal services account. Any revenues deposited directly into the account may be spent only after appropriation. Expenditures from the account may be used only for civil representation of indigent persons as authorized in RCW 43.08.260 and 43.08.270 (both as recodified by this act).

NEW SECTION.  Sec. 6   RCW 43.08.260 (as amended by this act) and 43.08.270 (as amended by this act) are each recodified as a new chapter in Title 2 RCW.

NEW SECTION.  Sec. 7   Section 5 of this act is added to the new chapter created in section 6 of this act.