BILL REQ. #:  H-2150.1 

READ FIRST TIME 02/28/05.   

     AN ACT Relating to duties of the director of the office of public defense; and amending RCW 2.70.020.

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

Sec. 1   RCW 2.70.020 and 1996 c 221 s 3 are each amended to read as follows:
     The director, under the supervision and direction of the advisory committee, shall:
     (1) Administer all criminal appellate indigent defense services;
     (2) Submit a biennial budget for all costs related to state appellate indigent defense;
     (3) Establish administrative procedures, standards, and guidelines for the program including a cost-efficient system that provides for recovery of costs;
     (4) Recommend criteria and standards for determining and verifying indigency. In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards;
     (5) Collect information regarding indigency cases funded by the state and report annually to the legislature and the supreme court;
     (6) Coordinate with the supreme court and the judges of each division of the court of appeals to determine how attorney services should be provided;
     (7) Subject to the availability of amounts appropriated for this specific purpose, oversee and monitor dependency and termination legal representation for parents statewide. The goal shall be to enhance the quality of legal representation in dependency and termination hearings. To meet this goal, attorneys and agencies providing such representation shall comply with the following, subject to appropriation of state funds:
     (a) Meet maximum caseload requirements for dependency and termination cases, in accordance with standards published by the office of public defense;
     (b) Implement enhanced defense attorney practice standards published by the office of public defense, including but not limited to those related to reasonable case preparation and the delivery of adequate client advice; and
     (c) Use investigative and expert services in appropriate cases.
     The office of public defense shall not provide direct representation of clients.