H-3688              _______________________________________________

                                                   HOUSE BILL NO. 2506

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Haugen, Kirby, S. Wilson, Smith, Brooks, Morris, Ferguson, Zellinsky, Rayburn, Raiter, Phillips, Nealey, Horn, Wood, Wolfe, Rector, Dellwo and Kremen

Read first time 1/12/90 and referred to Committees on Judiciary/Appropriations. 1/19/90 referred to Committee on Appropriations.

AN ACT Relating to county and state revenue responsibilities for defense costs; amending RCW 2.50.040, 2.50.050, 2.50.060, and 2.50.080; and adding a new section to chapter 2.50 RCW.

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

        Sec. 1.  Section 4, chapter 93, Laws of 1939 and RCW 2.50.040 are each amended to read as follows:

          The board of county commissioners (hereinafter called the county board) is empowered to find by resolution the existence of a necessity in such county for organized legal aid.  Such resolution shall specify the amount of county funds, subject to section 5 of this act, thereby to be allocated for and expended in the operation of a legal aid bureau during the period of the fiscal year or the remainder thereof.  Within ten days after the passage of such a resolution, the commissioners shall cause a certified copy to be transmitted to the board of governors of the Washington State Bar Association (hereinafter called the bar board).

        Sec. 2.  Section 5, chapter 93, Laws of 1939 and RCW 2.50.050 are each amended to read as follows:

          A legal aid bureau (hereinafter called the bureau), is an agency for the rendition of organized legal aid to indigent persons resident in the county, consisting of one director, who shall be an attorney resident in the county, and who shall be in good standing and active membership in the Washington State Bar Association, together with such professional and other personnel, such office facilities, and other equipment, as may be determined by the bar board and be financed by the county board, subject to section 5 of this act.

        Sec. 3.  Section 6, chapter 93, Laws of 1939 and RCW 2.50.060 are each amended to read as follows:

          Upon receipt of a certified copy of such resolution the bar board is empowered and, within sixty days thereafter, is obligated to create and continue a legal aid bureau as soon and as long as the necessary funds so allocated are made available by the county board, subject to section 5 of this act, all expenditures for the bureau to be limited to county funds so supplied, except only as hereinafter authorized.  The bar board is vested with the ultimate power to control by its rules and regulations such bureau, the immediate supervision of which in actual operation shall be by the bar board itself or by a committee of its selection.

        Sec. 4.  Section 8, chapter 93, Laws of 1939 and RCW 2.50.080 are each amended to read as follows:

          Among the powers to supervise the actual operation of any such bureau, which shall be exercised either by the bar board itself or in its discretion by the committee, are the following:

          (1) To appoint and remove at will the director and to fix the amount of his salary not in excess of two hundred dollars per month;

          (2) To engage and discharge all other employees of the bureau and to fix their salaries or remuneration;

          (3) To assist the director in supplying the free services of attorneys for the bureau;

          (4) To cooperate with the dean of any law school now or hereafter established within this state respecting the participation of law students in the rendition of services by the bureau under the guidance of the director‑-however, by this provision, no law student shall be deemed authorized to represent as an attorney in a court of record any legal aid client;

          (5) To require of the director periodically written statements of account and written reports upon any and all subjects within the operation of the bureau;

          (6) To prescribe rules and regulations, always subject to the bar board, for determination of the indigent persons who are entitled to legal aid, for determination of the kinds of legal problems and cases subject to legal aid, and for determination of all operative legal aid policies not inconsistent with this chapter;

          (7) To advise the county board, for its budget upon its written request, as to the estimated amount of county funds, subject to section 5 of this act, reasonably required to effectively operate the bureau for the ensuing fiscal year;

          (8) To receive county funds allocated by the county board for the bureau, and to render an account thereof at the times and in the manner reasonably required by the county board;

          (9) To disburse such county funds, after receipt thereof, solely for the purposes contemplated by this chapter.

NEW SECTION. Sec. 5.  A new section is added to chapter 2.50 RCW to read as follows:

          (1) County indigent defense costs of up to one percent of the county current expense fund shall be paid by the county.

          (2) County indigent defense costs that are in excess of one percent but less than two percent of the county current expense fund shall be divided equally between the county and the state.

          (3) County indigent defense costs that are in excess of two percent of the county current expense fund shall be paid by the state.