BILL REQ. #:  Z-0981.1 

Read first time 01/15/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to fiscal support for civil indigent legal services, county law libraries, and related justice system activities and creating an office of civil legal services; amending RCW 27.24.070, 36.18.012, 36.18.020, 43.08.250, 43.08.260, and 43.08.270; adding a new chapter to Title 2 RCW; creating a new section; recodifying RCW 43.08.260 and 43.08.270; and providing effective dates.

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

NEW SECTION.  Sec. 1   The legislature finds that there exists a crisis in the capacity of the justice system to meet the civil legal needs of low-income people, that there is an urgent need to address this crisis, that counties continue to experience significant justice system related needs, that county-based law libraries play an important role in helping members of the public understand and effectively assert important legal rights and that they face significant needs for new revenue, and that action needs to be taken to expand the revenue base available to address these and other important justice system operations. The legislature further finds that in order to secure the needed additional revenue available for these activities, it is necessary and appropriate to increase certain fees and costs for services provided in association with the initiation and conduct of civil actions in the superior courts of this state.

Sec. 2   RCW 27.24.070 and 1992 c 54 s 6 are each amended to read as follows:
     In each county pursuant to this chapter, the county treasurer shall deposit in the county or regional law library fund a sum equal to ((twelve)) seventeen dollars for every new probate or civil filing fee, including appeals, collected by the clerk of the superior court and six dollars for every fee collected for the commencement of a civil action in district court for the support of the law library in that county or the regional law library to which the county belongs: PROVIDED, That upon a showing of need the ((twelve)) seventeen dollar contribution may be increased up to ((fifteen)) twenty dollars or in counties with multiple library sites up to thirty dollars upon the request of the law library board of trustees and with the approval of the county legislative body or bodies.

Sec. 3   RCW 36.18.012 and 2001 c 146 s 1 are each amended to read as follows:
     (1) Revenue collected under this section is subject to division with the state for deposit in the public safety and education account under RCW 36.18.025.
     (2) The party filing a transcript or abstract of judgment or verdict from a United States court held in this state, or from the superior court of another county or from a district court in the county of issuance, shall pay at the time of filing a fee of fifteen dollars.
     (3) The clerk shall collect a fee of twenty dollars for: Filing a paper not related to or a part of a proceeding, civil or criminal, or a probate matter, required or permitted to be filed in the clerk's office for which no other charge is provided by law.
     (4) If the defendant serves or files an answer to an unlawful detainer complaint under chapter 59.18 or 59.20 RCW, the plaintiff shall pay before proceeding with the unlawful detainer action ((eighty)) one hundred fifty dollars.
     (5) For a restrictive covenant for filing a petition to strike discriminatory provisions in real estate under RCW 49.60.227 a fee of twenty dollars must be charged.
     (6) A fee of twenty dollars must be charged for filing a will only, when no probate of the will is contemplated.
     (7) A fee of two dollars must be charged for filing a petition, written agreement, or written memorandum in a nonjudicial probate dispute under RCW 11.96A.220.
     (8) A fee of thirty-five dollars must be charged for filing a petition regarding a common law lien under RCW 60.70.060.
     (9) For certification of delinquent taxes by a county treasurer under RCW 84.64.190, a fee of five dollars must be charged.
     (10) For the filing of a tax warrant for unpaid taxes or overpayment of benefits by any agency of the state of Washington, a fee of five dollars on or after July 22, 2001, and for the filing of such a tax warrant or overpayment of benefits on or after July 1, 2003, a fee of twenty dollars, of which forty-six percent of the first five dollars is directed to the public safety and education account established under RCW 43.08.250.

Sec. 4   RCW 36.18.020 and 2000 c 9 s 1 are each amended to read as follows:
     (1) Revenue collected under this section is subject to division with the state public safety and education account under RCW 36.18.025 and with the county or regional law library fund under RCW 27.24.070.
     (2) Clerks of superior courts shall collect the following fees for their official services:
     (a) The party filing the first or initial paper in any civil action, including, but not limited to an action for restitution, adoption, or change of name, shall pay, at the time the paper is filed, a fee of ((one)) two hundred ((ten)) dollars except, in an unlawful detainer action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of ((thirty)) fifty dollars, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee. The ((thirty)) fifty dollar filing fee under this subsection for an unlawful detainer action shall not include an order to show cause or any other order or judgment except a default order or default judgment in an unlawful detainer action.
     (b) Any party, except a defendant in a criminal case, filing the first or initial paper on an appeal from a court of limited jurisdiction or any party on any civil appeal, shall pay, when the paper is filed, a fee of ((one)) two hundred ((ten)) dollars.
     (c) For filing of a petition for judicial review as required under RCW 34.05.514 a filing fee of ((one)) two hundred ((ten)) dollars.
     (d) For filing of a petition for unlawful harassment under RCW 10.14.040 a filing fee of forty-one dollars.
     (e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of ((one)) two hundred ((ten)) dollars.
     (f) In probate proceedings, the party instituting such proceedings, shall pay at the time of filing the first paper therein, a fee of ((one)) two hundred ((ten)) dollars.
     (g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of ((one)) two hundred ((ten)) dollars.
     (h) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, a defendant in a criminal case shall be liable for a fee of ((one)) two hundred ((ten)) dollars.
     (i) With the exception of demands for jury hereafter made and garnishments hereafter issued, civil actions and probate proceedings filed prior to midnight, July 1, 1972, shall be completed and governed by the fee schedule in effect as of January 1, 1972: PROVIDED, That no fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court.
     (3) No fee shall be collected when a petition for relinquishment of parental rights is filed pursuant to RCW 26.33.080 or for forms and instructional brochures provided under RCW 26.50.030.

Sec. 5   RCW 43.08.250 and 2003 1st sp.s. c 25 s 918 are each 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, 2005, 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, secure and semi-secure crisis residential centers, HOPE beds, the family policy council and community public health and safety networks, the street youth program, public notification about registered sex offenders, and narcotics or methamphetamine-related enforcement, education, training, and drug and alcohol treatment services.

Sec. 6   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 used solely for the purpose of 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)) office of civil legal services 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)) office of civil legal services 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)) office of civil legal services 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)) office of civil legal services 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)) office of civil legal services; 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)) office of civil legal services 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)) office of civil legal services may adopt rules to implement this section.

NEW SECTION.  Sec. 7   (1) There is created an office of civil legal services as an independent agency of the judicial branch. The office shall not provide direct representation of clients.
     (2) Activities of the office of civil legal services shall be carried out by a director of civil legal services. The director of civil legal services shall be appointed by the supreme court from a list of three names forwarded by the access to justice board. Qualifications for the director include admission to practice law in this state for at least five years, experience in representation of low-income people in civil matters, which experience may be in the form of volunteer representation, knowledge of and demonstrated commitment to promoting civil equal justice efforts, and proven managerial or supervisory experience. The director shall:
     (a) Contract with one or more qualified legal aid providers to provide civil indigent representation authorized by RCW 43.08.260 (as recodified by this act);
     (b) Monitor and oversee the use of state funding to ensure compliance with this chapter and other applicable conditions;
     (c) Report biennially to the administrator for the courts, the supreme court, the access to justice board, and the joint legislative civil legal services oversight committee on the status of access to the civil justice system for low-income people and make recommendations regarding efforts that should be undertaken to enhance access; and
     (d) Submit a biennial budget request.

Sec. 8   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 activities of the office of civil legal services and 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)) two times during each fiscal year. The committee shall accept public testimony at ((a minimum of two of)) these meetings.

NEW SECTION.  Sec. 9   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. 10   Section 7 of this act is added to the new chapter created in section 9 of this act.

NEW SECTION.  Sec. 11   (1) Sections 2 through 5 and 9 of this act take effect July 1, 2004.
     (2) The remainder of this act takes effect July 1, 2005.