SENATE BILL REPORT

SB 5833

BYSenators Talmadge, Nelson, Halsan and Newhouse

Establishing an office of the public defender.

Senate Committee on Judiciary

Senate Hearing Date(s):February 18, 1987; February 20, 1987

Majority Report:  That Substitute Senate Bill No. 5833 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  February 20, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1987

Majority Report:  That Second Substitute Senate Bill No. 5833 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Fleming, Kreidler, McDonald, Moore, Owen, Rinehart, Talmadge, Vognild, Warnke, Wojahn.

Senate Staff:Lynn French (786-7715)

                  March 6, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 2, 1987

BACKGROUND:

People who are indigent and have been arrested or charged with a crime have a right to be represented by a public defender.  The public defender must counsel and defend such person and pursue any appeals and other remedies to which the person is entitled either under the United States Constitution or the Constitution and laws of the State of Washington.  Public defender offices are established in public defender districts.  These districts are created by the board of county commissioners of any single county, any two or more territorially contiguous counties or in cooperation with the governing authority of any city.

It has been proposed that a statewide public defender system would be able to provide indigent defense services in a more efficient and uniform manner than is currently occurring.

SUMMARY:

The Office of Public Defender is created.  Its Director will be selected by the Governor, with the consent of the Senate, from a list of three compiled by the Washington State Supreme Court.  The term of the Director will be for five years.

The Director will review the current system of providing trial and appellate representation for indigent persons in criminal and termination of parental rights cases and juvenile offense proceedings.  By January 1, 1988, the Director will report to the Judiciary Committees of the Senate and House of Representatives regarding an effective and efficient program for the statewide delivery of indigent appellate defense services.  The Director will also be responsible for the administration of any program developed as a result of the review.

An advisory committee is created to assist the review of the current system of criminal trial representation of indigent persons.  On or before October 1, 1988, the Director will report to the Judiciary Committees of the Senate and House of Representatives and make recommendations regarding a state trial defender program.

Standards for the determination of indigency are set forth and the trial court will determine indigency based on an affidavit filed by the accused under oath as well as any other competent evidence.

Fiscal Note:      requested

EFFECT OF PROPOSED SUBSTITUTE:

The Director of the Office of the Public Defender, with the assistance of the advisory committee created in section 4 of this act, will review the current system of providing appellate representation for indigent persons in criminal cases, cases involving a potential termination of parental rights, civil commitment proceedings and cases involving a disposition in a juvenile offense proceeding.  By January 1, 1988, the Director will report to the Judiciary Committees of the Senate and House of Representatives with a plan for the statewide delivery of indigent appellate defense services.  The Supreme Court, after considering the recommendations of the Judiciary Committees of the Senate and House of Representatives, will transfer the administration of the plan for statewide delivery of indigent appellate defense services to the Office of the Public Defender.

An appropriation will be made in the amount of $160,000 to the Office of the Public Defender.

Fiscal Note:      available

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The Office of the Public Defender will be funded during the 1987-89 biennium for three positions including the Director, one full-time staff attorney and one full-time administrative assistant.  Funding is also provided for rental office space and office equipment.

An appropriation is made in the amount of $348,000 from the general fund to the Office of the Public Defender.

Fiscal Note:      available

Senate Committee - Testified: JUDICIARY:  Justice Vernon Pearson; John Henry Browne; Julie Kessler, Director of the Washington Appellate Defender Association; Michael Redman, Washington Association of Prosecuting Attorneys; Kurt Sharar, Washington State Association of Counties

Senate Committee - Testified: WAYS & MEANS:  Justice Vernon Pearson; Julie Kessler, Director of the Washington Appellate Defender Association; Kurt Sharar, Washington State Association of Counties