Search

Chapter 2.70 RCW

Office of public defense

RCW Sections

2.70.005Office of public defense established.
2.70.010Director -- Appointment -- Qualifications -- Salary.
2.70.020Director -- Duties -- Limitations.
2.70.030Advisory committee -- Membership -- Duties -- Travel and other expenses.
2.70.040Employees -- Civil service exemption.
2.70.050Transfer to office of appellate indigent defense powers, duties, functions, information, property, appropriations, employees, rules, and pending business -- Apportionment -- Effect on collective bargaining.

2.70.005
Office of public defense established.

In order to implement the constitutional and statutory guarantees of counsel and to ensure effective and efficient delivery of indigent defense services funded by the state of Washington, an office of public defense is established as an independent agency of the judicial branch.

[2008 c 313 § 2; 1996 c 221 § 1.]

Notes:

     Findings -- 2008 c 313: "(1) The legislature finds that the office of public defense:

     (a) Operates in an efficient and economical manner, with adequate cost controls in place;

     (b) Meets established goals and targets; and

     (c) Does not substantially duplicate services offered by other agencies or the private sector.

     (2) Termination of the office of public defense would have substantial and wide-reaching ramifications on the court system in Washington state. The right to counsel is a constitutional right, and provision of counsel for indigent defendants is a government responsibility." [2008 c 313 § 1.]



2.70.010
Director — Appointment — Qualifications — Salary.

The supreme court shall appoint the director of the office of public defense from a list of three names submitted by the advisory committee created under RCW 2.70.030. Qualifications shall include admission to the practice of law in this state for at least five years, experience in providing indigent defense services, and proven managerial or supervisory experience. The director shall serve at the pleasure of the supreme court and receive a salary to be fixed by the advisory committee.

[2008 c 313 § 3; 1996 c 221 § 2.]

Notes:

     Findings -- 2008 c 313: See note following RCW 2.70.005.



2.70.020
Director — Duties — Limitations.

The director shall:

     (1) Administer all state-funded services in the following program areas:

     (a) Trial court criminal indigent defense, as provided in chapter 10.101 RCW;

     (b) Appellate indigent defense, as provided in this chapter;

     (c) Representation of indigent parents qualified for appointed counsel in dependency and termination cases, as provided in RCW 13.34.090 and 13.34.092;

     (d) Extraordinary criminal justice cost petitions, as provided in RCW 43.330.190;

     (e) Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;

     (2) Submit a biennial budget for all costs related to the office's program areas;

     (3) Establish administrative procedures, standards, and guidelines for the office's program areas, including cost-efficient systems that provide for authorized recovery of costs;

     (4) Provide oversight and technical assistance to ensure the effective and efficient delivery of services in the office's program areas;

     (5) 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;

     (6) Collect information regarding indigent defense services funded by the state and report annually to the advisory committee, the legislature, and the supreme court;

     (7) Coordinate with the supreme court and the judges of each division of the court of appeals to determine how appellate attorney services should be provided.

     The office of public defense shall not provide direct representation of clients.

[2008 c 313 § 4; 1996 c 221 § 3.]

Notes:

     Findings -- 2008 c 313: See note following RCW 2.70.005.



2.70.030
Advisory committee — Membership — Duties — Travel and other expenses.

(1) There is created an advisory committee consisting of the following members:

     (a) Three persons appointed by the chief justice of the supreme court, who shall also appoint the chair of the committee;

     (b) Two nonattorneys appointed by the governor;

     (c) Two senators, one from each of the two largest caucuses, appointed by the president of the senate; and two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives;

     (d) One person appointed by the court of appeals executive committee;

     (e) One person appointed by the Washington state bar association;

     (f) One person appointed by the Washington state association of counties; and

     (g) One person appointed by the association of Washington cities.

     (2) During the term of his or her appointment, no appointee may: (a) Provide indigent defense services funded by a city, a county, or the state, except on a pro bono basis; (b) serve as a judge except on a pro tem basis or as a court employee; or (c) serve as a prosecutor or prosecutor employee.

     (3) Members of the advisory committee shall receive no compensation for their services as members of the committee, but may be reimbursed for travel and other expenses in accordance with state law.

     (4) The advisory committee shall:

     (a) Meet at least quarterly;

     (b) Review at least biennially the performance of the director, and submit each review to the chief justice of the supreme court;

     (c) Receive reports from the director;

     (d) Make policy recommendations, as appropriate, to the legislature and the supreme court;

     (e) Approve the office's budget requests;

     (f) Advise the director regarding administration and oversight of the office's program areas; and

     (g) Carry out other duties as authorized or required by law.

[2008 c 313 § 5; 2005 c 111 § 1; 1996 c 221 § 4.]

Notes:

     Findings -- 2008 c 313: See note following RCW 2.70.005.



2.70.040
Employees — Civil service exemption.

All employees of the office of public defense shall be exempt from state civil service under chapter 41.06 RCW.

[1996 c 221 § 5.]



2.70.050
Transfer to office of appellate indigent defense powers, duties, functions, information, property, appropriations, employees, rules, and pending business — Apportionment — Effect on collective bargaining.

(1) All powers, duties, and functions of the supreme court and the administrative office of the courts pertaining to appellate indigent defense are transferred to the office of public defense.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the supreme court or the administrative office of the courts pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of public defense. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the supreme court or the administrative office of the courts in carrying out the powers, functions, and duties transferred shall be made available to the office of public defense. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of public defense.

     (b) Any appropriations made to the supreme court or the administrative office of the courts for carrying out the powers, functions, and duties transferred shall, on June 6, 1996, be transferred and credited to the office of public defense.

     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the supreme court or the administrative office of the courts engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of public defense. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of public defense to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the supreme court or the administrative office of the courts pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of public defense. All existing contracts and obligations shall remain in full force and shall be performed by the office of public defense.

     (5) The transfer of the powers, duties, functions, and personnel of the supreme court or the administrative office of the courts shall not affect the validity of any act performed before June 6, 1996.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

[2005 c 282 § 12; 1996 c 221 § 6.]