| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 1793
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.
Title: An act relating to removing the limit on the number of cities eligible for indigent defense grants through the office of public defense.
Brief Description: Removing the limit on the number of cities eligible for indigent defense grants through the office of public defense.
Sponsors: Representatives Lantz, Hinkle, Springer, Rodne, O'Brien, Kenney, Schual-Berke, Clibborn, Newhouse, Lovick, Williams, Dickerson, McIntire, Appleton, Hasegawa, Ericks, Roberts, Wood and Moeller.
Brief Summary of Bill |
|
Hearing Date: 2/6/07
Staff: Trudes Tango (786-7384).
Background:
A criminal defendant who is determined to be indigent has a right to counsel at public expense.
In addition, persons facing involuntary commitment proceedings, parents in dependency and
termination proceedings, and juvenile offenders have a right to counsel at public expense if they
are indigent. Generally, counties and cities are responsible for funding indigent defense costs at
the trial level.
In recent years, reports from various entities, including the Washington State Bar Association
Blue Ribbon Task Force on Indigent Defense and the Court Funding Task Force, have expressed
concerns about the inadequate delivery of indigent defense services at the trial level.
In 2005, the Legislature enacted 2SHB 1542, which directs the Office of Public Defense (OPD)
to distribute appropriated funds to eligible cities and counties for public defense services. Local
jurisdictions may apply for funds if they meet certain requirements. If the OPD determines that a
local jurisdiction receiving funds has not substantially complied with these requirements, the
OPD may terminate funding.
Of the total available funds appropriated, the OPD is directed to distribute 90% to eligible
counties and 10% to no more than five eligible cities as determined by the OPD.
In 2006, the Legislature appropriated approximately $3 million dollars for trial-level indigent
defense. The $300,000 to cities was distributed as follows:
Summary of Bill:
The limit on the number of eligible cities that can receive indigent defense money through grants
administered by the Office of Public Defense is removed. More than five cities may be eligible
to receive city moneys.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.