Strike everything after the enacting clause and insert the following:

Sec. 1. "RCW 10.101.050 and 2005 c 157 s 3 are each amended to read as follows:

The Washington state office of public defense shall disburse appropriated funds to counties and cities for the purpose of improving the quality of public defense services.

(1) Counties may apply in accordance with RCW 10.101.060 for up to their pro rata share as set forth in ((RCW 10.101.060 provided that counties conform to application procedures established by the office of public defense and improve the quality of services for both juveniles and adults))RCW 10.101.070.

(2) Cities may apply in accordance with RCW 10.101.060 for moneys pursuant to the grant program set forth in RCW 10.101.080. ((In order to receive funds, each applying county or city must require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year. Each applying county or city shall report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense with its application. Each individual or organization that contracts to perform public defense services for a county or city shall report to the county or city hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases.))

Sec. 2. RCW 10.101.060 and 2005 c 157 s 4 are each amended to read as follows:

(((1)(a) Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse to applying counties that meet the requirements of RCW 10.101.050 designated funds under this chapter on a pro rata basis pursuant to the formula set forth in RCW 10.101.070 and shall disburse to eligible cities, funds pursuant to RCW 10.101.080. Each fiscal year for which it receives state funds under this chapter, a county or city must document to the office of public defense that it is meeting the standards for provision of indigent defense services as endorsed by the Washington state bar association or that the funds received under this chapter have been used to make appreciable demonstrable improvements in the delivery of public defense services, including the following:

(2) The office of public defense shall determine eligibility of counties and cities to receive state funds under this chapter. If a determination is made that a county or city receiving state funds under this chapter did not substantially comply with this section, the office of public defense shall notify the county or city of the failure to comply and unless the county or city contacts the office of public defense and substantially corrects the deficiencies within ninety days after the date of notice, or some other mutually agreed period of time, the county's or city's eligibility to continue receiving funds under this chapter is terminated. If an applying county or city disagrees with the determination of the office of public defense as to the county's or city's eligibility, the county or city may file an appeal with the advisory committee of the office of public defense within thirty days of the eligibility determination. The decision of the advisory committee is final))(1) Counties and cities may apply in accordance with this section to receive pro rata distributions of county moneys, as set forth in RCW 10.101.070, city moneys, as set forth in RCW 10.101.080, and funds available from the local government public defense funding stabilization account established in RCW 82A.--.--- (section 711, chapter . . . (Substitute Senate Bill No. 6346 or House Bill No. 2724), Laws of 2026). Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse funds appropriated under RCW 10.101.050 to each county and city determined to be eligible under this chapter by the office of public defense. The state treasurer's office shall disburse funds available from the local government public defense funding stabilization account in accordance with RCW 82A.--.--- (section 711, chapter . . . (Substitute Senate Bill No. 6346 or House Bill No. 2724), Laws of 2026). The office of public defense shall continue to be responsible for statewide public defense data collection, monitoring implementation of standards, administering funds as authorized under this chapter, and related activities.

(8) Cities and counties are encouraged to work together and with the office of public defense to create public defender districts, if needed, consistent with RCW 36.26.020.

Sec. 3. RCW 10.101.070 and 2005 c 157 s 5 are each amended to read as follows:

((The moneys shall be distributed to each county determined to be eligible to receive moneys by the office of public defense as determined under this section.)) Ninety percent of the funding appropriated under RCW 10.101.050 shall be designated as "county moneys" and shall be distributed by the office of public defense as follows:

(1) Six percent of the county moneys appropriated shall be distributed as a base allocation among the eligible counties. A county's base allocation shall be equal to this six percent divided by the total number of eligible counties.

(2) Ninety-four percent of the county moneys appropriated shall be distributed among the eligible counties as follows:

(a) Fifty percent of this amount shall be distributed on a pro rata basis to each eligible county based upon the population of the county as a percentage of the total population of all eligible counties; and

(b) Fifty percent of this amount shall be distributed on a pro rata basis to each eligible county based upon the annual number of criminal cases filed in the county superior court as a percentage of the total annual number of criminal cases filed in the superior courts of all eligible counties.

(3) Under this section:

(a) The population of the county is the most recent number determined by the office of financial management;

(b) The annual number of criminal cases filed in the county superior court is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts;

(c) Distributions ((and eligibility for distributions in the 2005-2007 biennium shall be based on 2004 figures for the annual number of criminal cases that are filed as described under (b) of this subsection. Future distributions))of funds appropriated under RCW 10.101.050 shall be based on the most recent figures for the annual number of criminal cases that are filed as described under (b) of this subsection.

Sec. 4. RCW 10.101.080 and 2007 c 59 s 1 are each amended to read as follows:

((The moneys under RCW 10.101.050 shall be distributed to each city determined to be eligible under this section by the office of public defense.)) Ten percent of the funding appropriated under RCW 10.101.050 shall be designated as "city moneys" and distributed as follows:

(1) The office of public defense shall administer a grant program to select the cities eligible to receive city moneys. Incorporated cities may apply for grants. Applying cities must conform to the requirements of RCW 10.101.050 and 10.101.060.

(2) City moneys shall be distributed in a timely manner to accomplish the goals of the grants.

(3) Criteria for award of grants shall be established by the office of public defense after soliciting input from the association of Washington cities. Award of the grants shall be determined by the office of public defense.

NEW SECTION.  Sec. 5. A new section is added to chapter 10.101 RCW to read as follows:

(1) Any county with a population of 200,000 or less may request that the office of public defense assume responsibility for providing all or a designated portion of the public defense services for defendants appearing in a court under the county's jurisdiction. The request must be presented in writing.

(2) If the office of public defense determines that it has the capacity to provide these services on behalf of the county:

(a) The office of public defense must notify the county of its decision to accept the request within 180 days.

(b) If the office of public defense accepts the request, services and payment shall be as negotiated and provided for in an interlocal agreement between the office of public defense and the requesting county. The county's share of funding described in RCW 10.101.070 or as much as is required to cover the office of public defense costs shall be retained by the office of public defense for the purposes of delivering public defense services within the county. The county will contribute additional funds as necessary to cover the office of public defense costs as established by the interlocal agreement. The office of public defense may designate employees of the office or contract with external legal counsel to deliver public defense services within the county.

(c) The office of public defense, at its discretion and consistent with standards for the provision of indigent defense services as endorsed by the Washington state supreme court, may establish service delivery standards, support staff, and administrative functions to facilitate the effective delivery of public defense services within the county.

NEW SECTION.  Sec. 6. A new section is added to chapter 2.56 RCW to read as follows:

The office of the administrator for the courts shall collect data in a manner consistent with the responsibilities outlined in chapter 2.68 RCW detailing the number of cases assigned a public defender and shall include in its annual report of the courts of Washington the total number of such cases in each county and city.

Sec. 7. RCW 2.70.023 and 2025 c 226 s 11 are each amended to read as follows:

(1) Except as otherwise provided in this section, the office of public defense shall not provide direct representation of clients.

(2) In order to protect and preserve client rights when administering the office's statutory duties to provide initial telephonic or video consultation services, managing and supervising attorneys of the office of public defense who meet applicable public defense qualifications may provide limited short-term coverage for the consultation services if office of public defense contracted counsel is unavailable to provide the consultation services. The office shall provide services in a manner consistent with the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense.

(3) The office of public defense may facilitate and supervise placement of law clerks, externs, and interns with office of public defense contracted counsel, in a manner consistent with the Washington admission and practice rules, the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense.

(4) Employees of the office of public defense may provide pro bono legal services in a manner consistent with the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense. The policies of the office of public defense must require that employees providing pro bono legal services obtain and provide to the office a written statement, signed by any pro bono client, acknowledging that:

(a) The pro bono legal services are provided by the employee acting in the employee's personal capacity and not as an employee of the office of public defense; and

(b) The state of Washington may not be held liable for any claim arising from the provision of pro bono legal services by the employees of the office of public defense.

The office of public defense shall retain the written statements in a manner consistent with records relating to potential conflicts of interest.

(5) The office of public defense shall provide public defense services for indigent persons qualified for appointed counsel in involuntary commitment cases under chapter 71.05 RCW at the request of the health care authority on behalf of a county, either directly or by contracting with persons admitted to practice law in this state or organizations that employ persons admitted to practice law in this state, using funds provided by the county pursuant to RCW 71.05.110.

Correct the title.