S-1801.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5260

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Kline, Johnson and Thibaudeau)

Read first time 03/03/99.

Creating an equal access to justice task force.

    AN ACT Relating to the equal access to justice act; and creating a new section.

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

NEW SECTION. Sec. 1.  (1) There is created the equal access to justice task force to study and review the provision of attorneys' fees for qualified parties at administrative hearings.  The task force shall review and determine the type of administrative hearings that require the presence of counsel to preserve fundamental rights or entitlements.  In addition, the task force shall also review issues related to representation and adequate due process where the qualified party has a substantial economic interest in the outcome of the agency action.  The task force may also determine those cases at which payment of attorneys' fees would encourage settlement prior to hearings or which would discourage appeals of nonmeritorious claims.  The task force may determine those instances where it would be inappropriate to require payment of attorneys' fees by a state agency because the agency is only a nominal party to the action at the administrative hearing.  The task force shall also determine whether the qualifying net worth amount should be lowered for qualified parties in administrative appeals and whether nonattorney representatives should be compensated for their representation at administrative hearings.  The task force may determine any other relevant matters that arise in connection with this review and study.

    (2) The task force shall be comprised of:  Two persons from the Washington state bar association, selected by the board of governors; two persons from the access to justice board, selected by the chief justice of the Washington state supreme court; four persons representing state agencies, selected by the governor; two state senators, one from each of the two largest caucuses, selected by the president of the senate; and two state representatives, one from each of the two largest caucuses, selected by the co-speakers of the house of representatives.

    (3) The task force shall report to the appropriate committees of the legislature during the 2000 regular session.  The task force shall terminate July 1, 2000.

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