HOUSE 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.

House Committe on Ways & Means/Appropriations

Majority Report:  Do pass.  (19)

      Signed by Representatives Locke, Chair; Belcher, Braddock, Brekke, Brough, Ebersole, Fuhrman, Grant, Grimm, Hine, Holland, McLean, Nealey, Peery, Sayan, H. Sommers, Spanel, Sprenkle and Wang.

House Staff:Nancy Stevenson (786-7136)

AS PASSED HOUSE MARCH 6, 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 of the court of appeals, indigent 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 association of counties, 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 also recommend standards for determining indigency.

The committee and staff position expire on February 1, 1989.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Michael Doctor, Washington Defender Association; Andrea Dahl, Association of Washington Cities.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There is a need to study the current system and make recommendations.  Standards are not consistent for determining who is eligible to receive legal services.  Would like a representative from the cities added to the committee.

House Committee - Testimony Against:      None Presented.