SENATE BILL REPORT

SSB 6498

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Newhouse, Talmadge, Halsan and Hayner)

Reviewing and establishing standards for appointment of counsel for indigent persons.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 3, 1988; February 5, 1988

Majority Report:  That Substitute Senate Bill No. 6498 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Newhouse, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 15, 1988

AS PASSED SENATE, FEBRUARY 13, 1988

BACKGROUND:

The system in Washington for providing legal representation to people who could not otherwise afford attorneys varies from county to county.  In some counties, both trial and appellate counsel are appointed by the court from a list of attorneys who have indicated their willingness to represent indigent defendants.  These attorneys are paid on a per case or per hour basis.  Some counties enter into contracts with private law offices or nonprofit organizations to handle all of the indigent trial defense needs.  The attorneys are paid a set amount for each case depending on whether it is a misdemeanor or a felony.  In Divisions Two and Three, indigent appellate defense work is performed by either private attorneys who have communicated their availability for such work or by trial counsel.  These attorneys are paid a set amount by the Supreme Court for each case.  In Division One, all indigent appellate defense work is performed by a nonprofit organization that has contracted with the Supreme Court.  That organization is paid a set amount for each case and aggravated murder is the only felony case for which there is greater compensation.

SUMMARY:

A committee is created which will study the system in Washington for providing representation to people who otherwise could not afford it.  The committee consists of a member appointed by the governor, a member appointed by the Office of Financial Management, a member appointed by the Department of Community Development, a member appointed by the Chief Justice of the State Supreme Court, two members appointed by the State Bar Association, at least one of whom performs indigent criminal defense representation, one member appointed by the Speaker of the House of Representatives and one member appointed by the President of the Senate.  A full-time staff position will administer the work of the committee and prepare a report to the Legislature. 

The committee will report to the Judiciary Committee of the House of Representatives, the Law and Justice Committee of the Senate and the governor by January 1, 1989.  The committee will summarize the methods of providing indigent representation, recommend standards regarding the appropriate level of experience, training, supervision and caseload for attorneys, establish eligibility guidelines, recommend alternative ways of providing and financing trial and appellate services and recommend appropriate levels of compensation and support staff.

The committee will recommend standards for determining indigency.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Appointments by Legislature Required:     One member appointed by the Speaker of the House and one member appointed by the President of the Senate to serve on the study committee.

Senate Committee - Testified: Mike Redman, Washington Association of Prosecuting Attorneys; Kurt Sharar, Association of Counties; Al Lyon, Snohomish County Public Defender, Washington Defender Association