HOUSE BILL REPORT
ESSB 6442
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Judiciary
Title: An act relating to the office of public defense.
Brief Description: Modifying provisions relating to the office of public defense.
Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Regala, Stevens, Kline, Zarelli, Tom, Parlette, Hargrove, Swecker, Fraser, Pridemore, McDermott and Kohl-Welles).
Brief History:
Judiciary: 2/20/08 [DPA].
Brief Summary of Engrossed Substitute Bill (As Amended by House Committee) |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass as amended. Signed by 10 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Moeller, Pedersen, Ross and Williams.
Staff: Trudes Tango (786-7384).
Background:
The Legislature established the Office of Public Defense (OPD) in 1996 as an independent
agency within the judiciary. The OPD does not provide direct representation of clients.
The OPD was originally charged with administering state-funded appellate defense to
indigent criminal defendants.
Over the years, the Legislature has expanded the OPD's duties to include:
The Director of the OPD (Director) is appointed by the Washington State Supreme Court
(Supreme Court). The Director is charged with administering all criminal appellate indigent
defense services, submitting a biennial budget, establishing administrative procedures and
standards for the program, and other duties.
An 11-member advisory committee provides supervision and direction to the Director. The
committee consists of three members appointed by the Supreme Court, one member
appointed by the Court of Appeals, two by the Governor, four by the Legislature, and one by
the Bar Association. Except for the requirement to supervise the Director, there are no other
duties explicitly listed in statute for the advisory committee.
The OPD is scheduled to terminate on June 30, 2008, under the Washington Sunset Act. The
Sunset Act requires the Joint Legislative Audit and Review Committee (JLARC) to conduct a
sunset review to assist the Legislature in deciding whether the OPD should be continued,
modified, or terminated. The JLARC recommended that the Legislature should repeal the
sunset and termination clauses and allow the OPD to continue without substantive
modification.
Summary of Amended Bill:
The sunset and termination clauses for the OPD are repealed. Programs and services
currently administered by the OPD are explicitly listed in statute. Those are: (1) trial court
criminal indigent defense; (2) appellate indigent defense; (3) dependency and termination
cases for indigent parents qualified for appointed counsel; (4) extraordinary criminal justice
cost petitions; and (5) compilation of copies of DNA test requests by persons convicted of
felonies.
Membership of the 11-member advisory committee is expanded to include:
The Chief Justice of the Supreme Court must appoint the chair of the committee.
Duties of the advisory committee are explicitly listed. The advisory committee must: (1)
meet at least quarterly; (2) review at least biennially the performance of the Director and
submit its review to the Chief Justice of the Supreme Court; (3) receive reports from the
Director; (4) make policy recommendations to the Legislature and Supreme Court; (5)
approve the OPD's budget requests; (6) advise the Director on administration and oversight
of the OPD's program areas; and (7) carry out other duties authorized or required by law.
Other nonsubstantive changes to the statutes are made.
Amended Bill Compared to Engrossed Substitute Bill:
Two additional appointments to the OPD advisory committee (one person from the
prosecutor's association and one person from the defense bar) are removed.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The OPD is operating efficiently, does not duplicate services of any other
agency, and is implementing the constitutional rights of defendants to have legal
representation. It is important to remove the sunset clause to allow the OPD to continue
working and improving public defense services.
(In support with concerns) Having a representative of the prosecutors on the OPD advisory
committee creates an inherent conflict. The OPD is charged with administering public
defense services and it should not be subject to the needs of the prosecutors.
(Opposed) None.
Persons Testifying: (In support) Joanne Moore, Office of Public Defense.
(In support with concerns) Kim Gordon, Washington Association of Criminal Defense
Lawyers and Washington Defender Association.