HB 1592 — Concerning public defense services.

H-1527.1H-0435.1 SUBSTITUTE HOUSE BILL 1592 State of Washington 69th Legislature 2025 Regular Session By House Civil Rights & Judiciary (originally sponsored by Representatives Peterson, Low, Goodman, Nance, Parshley, Taylor, Ortiz-Self, Rude, Duerr, Richards, Steele, Barnard, Farivar, Simmons, Zahn, Timmons, Doglio, Pollet, and Reed)Reed READRead FIRSTfirst TIMEtime 02/21/25.01/24/25.

Referred to Committee on Civil Rights & Judiciary.

amending RCW 10.101.050, 10.101.060, 10.101.070, and 10.101.080;10.101.070;

(b) BeginningIn in fiscal year 2026,2026 and thereafter, the state shall be responsible for 50all percent of the cost of public defense services basedcosts onthat anexceed average of the actualfive-year expendituresaverage forset publicforth defensein servicesthis paidsection. for by eligible cities for the previous five years looking back from p.

1The SHBWashington 1592state fiscaloffice yearof 2024.public defense shall disburse appropriated funds to eligible counties ((and cities)) for the p.

Beginning1 inHB fiscal1592 year((purpose 2026,of eligibleimproving citiesthe shallquality notof be responsible for public defense servicesservices)) costs that exceed thisthe five-year average.average set forth in this section consistent with RCW 10.101.060(2) (a) through (d).

(c) InAny fiscalcounty yearfunds 2026supplanted andby thereafter, the statefunding shalldistributions bedescribed responsiblein forthis allsection publicthat defensewere servicespreviously costsspent thaton exceedpublic thedefense five-yearservices averagemay setonly forthbe inused thisfor section.the following activities:

The Washington state office of public defense shall disburse appropriated funds to eligible counties ((and cities)) for the ((purpose of improving the quality of public defense services)) costs that exceed the five-year average set forth in this section consistent with RCW 10.101.060(2) (a) through (d) and to eligible cities for the costs that exceed the five-year average set forth in this section consistent with RCW 10.101.080.

(d) Any county funds supplanted by the funding distributions described in this section that were previously spent on public defense services may only be used for the following activities:

((Cities may apply for moneys pursuant to the grant program set forth in RCW 10.101.080.)) (3) 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 p.least once per calendar year.

2 SHB 1592 least once per calendar year.

The county shall collect data of assignedp. and resolved cases and annually report to the office of public defense and the Washington state bar association the (i) number of assigned and resolved cases of each case type consistent with appendix B of the Washington state bar association indigent defense standards, and (ii) average number of billable attorney hours spent on resolved cases of each type.

2 HB 1592 assigned and resolved cases and annually report to the office of public defense and the Washington state bar association the (i) number of assigned and resolved cases of each case type consistent with appendix B of the Washington state bar association indigent defense standards, and (ii) average number of billable attorney hours spent on resolved cases of each type.

(4) Cities may apply for moneys pursuant to the distributionsgrant program set forth in RCW 10.101.080.

p.Sec.

3 SHB 1592 Sec.

(2) Any county with a population density of less than 50 persons per square mile may request that the office of public defense assume responsibilityp. for providing all or a designated portion of the public defense services for defendants appearing in a court under the county's jurisdiction.

3 HB 1592 responsibility for providing all or a designated portion of the public defense services for defendants appearing in a court under the county's jurisdiction.

(3) Each fiscal year for which it receives state funds under this chapter, a county or city must annually 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((,services ((, including the following:

p.(i) Adoption by ordinance of a legal representation plan that addresses the factors in RCW 10.101.030.

4 SHB 1592 (i) Adoption by ordinance of a legal representation plan that addresses the factors in RCW 10.101.030.

(iii) Requiring attorneys who handle the most serious cases to meet specified qualifications as set forth in the Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with office of publicp. defense resource attorneys who are so qualified.

4 HB 1592 public defense resource attorneys who are so qualified.

If an applying p.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.

5 SHB 1592 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.

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5 HB 1592 Sec.

((Ninety percent of the funding appropriated)) Beginning in fiscal year 2026 and in each year thereafter, the state shall appropriate to the office of public defense funds necessary to comply with RCW 10.101.050(1)(a).10.101.050.

(2) Beginning in fiscal year 2027 and each year thereafter, the county moneys appropriated shall be distributed among the eligible counties on a pro rata basis based upon the annual number of cases p.filed in courts under the county's jurisdiction for which a public defender was assigned.

6 SHB 1592 filed in courts under the county's jurisdiction for which a public defender was assigned.

(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 thisp. subsection.

6 HB 1592 this subsection.

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 p.shall include in its annual report of the courts of Washington the total number of such cases in each county and city.

7 SHB 1592 shall include in its annual report of the courts of Washington the total number of such cases in each county and city.

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6.

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)) Beginning in fiscal year 2026, and in each year thereafter, the state shall appropriate to the office of public defense funds necessary to comply with RCW 10.101.050(1)(b).

The funding appropriated shall be designated as "city moneys" and distributed as follows: