SB 5912 — Reinstating the indigent defense task force.

ENGROSSEDS-3442.1 SUBSTITUTE SENATE BILL 5912 State of Washington 69th Legislature 2026 Regular Session By Senate Law & Justice (originally sponsored by Senators Torres, Trudeau, Dhingra, Dozier, Hasegawa, Nobles, Riccelli, Saldaña, Valdez, C.

Wilson)Wilson READPrefiled FIRST12/17/25. TIME 01/16/26.

Read first time 01/12/26.

Referred to Committee on Law & Justice.

(d) ThreeOne membersmember appointed by the chief justice of the state supreme court,court; one who is a representative from the superior court judges' association and one who is a representative from the district and municipal court judges' association;

(e) Two members appointed by the Washington state bar association, at least one of whom must currently provide indigent criminal defense representation;

1 ESSBSB 5912 (e)(f) Two members appointed by the Washington state barassociation association,of atcounties, least one offrom whomeastern mustWashington currentlyand provideone indigentfrom criminalwestern defenseWashington; representation;

(f) Two members appointed by the Washington state association of counties, one from eastern Washington and one from western Washington;

(i) ThreeTwo members appointed by the speaker of the house of representatives from underrepresentedeach populationsof whothe havetwo directlargest livedcaucuses experiencein withthe indigenthouse defenseof services;representatives;

and (j) Two members appointed by the officepresident of publicthe defensesenate whofrom areeach currentlyof directingthe ortwo runninglargest publiccaucuses defenseof offices in the statesenate. of Washington, one who provides indigent defense services to a municipality and one who provides indigent defense services to a county;

(k)(3) OneThe membertask appointedforce byshall review the officecurrent ofsystems publicemployed defenseto whoprovide providestrial representation to indigent defensepersons servicesin oncases awhere contractright basis;to counsel attaches.

(l) One member appointed by the administrative office of the courts with experience in court administration, data collection, and the fiscal and operational impacts of court-related programs as they affect indigent defense;

and (m) One member appointed by the Washington association of county clerks.

(3) The task force shall review the current systems employed to provide legal representation to indigent persons in cases where right to counsel attaches.

(a) DescribeSummarize and compare the indigentcurrent defensemethods deliveryof modelsproviding usedindigent services in different regions of the state, including their organizational structures, efficacy, costs, attorney staffing levels, and caseloads;

(b) EvaluateReview thedelays progress made by jurisdictions toward compliance with adopted indigent defense caseload standards, including measurable annual caseload reductions, staffing increases, and other actionsimpacts takencaused sinceby 2025current instaffing furtherancelevels offor theindigent Washingtondefense; supreme court's implementation schedule;

(c) IdentifyConsider barrierspublished thatpublic impededefense complianceworkload with adopted caseload standards and recommendrecommendations; specific corrective actions or p.

2(d) ESSBConsider 5912workforce technicalrecruitment assistanceneeds thatin wouldrural facilitate timely and continuedunderserved progressareas towardof compliance;the state;

(d)(e) ExamineConsider delays,alternative casedelivery backlogs,systems andwhich otherhave systembeen impactsproposed associatedfor withpublic excessivedefense caseloads,services; staffing shortages, and workforce constraints;

(e) Assess workforce recruitment, retention, supervision, and training(f) needs,Make withrecommendations particularfor attentionimprovement. to rural, underserved, and high-turnover jurisdictions;

(f) Review alternative indigent defense delivery systems currently in use in Washington, as well as models that have been proposed to address caseload, staffing, or geographic challenges;

(g) Identify system-level practices that may reduce unnecessary case filings and associated indigent defense workloads while maintaining public safety and due process;

(h) Analyze existing funding sources for indigent defense services, including state, county, and city contributions, and assess whether current funding mechanisms are sufficient and sustainable under the adopted caseload standards;

(i) Review available state and local indigent defense data sets, including data related to caseloads, staffing, expenditures, case outcomes, and delays, and make recommendations to improve indigent defense data collection, consistency, and transparency;

and (j) Make recommendations for changes to indigent defense delivery systems, funding structures, data reporting, and implementation supports necessary to ensure constitutionally adequate representation that is effective, timely, and financially sustainable statewide.

(5)Staff Thesupport taskfor forcelegislative members shall choosebe cochairsprovided fromby among its members, with at least one cochair being an active member in good standing of the statesenate barcommittee orservices aand person authorized by the Washingtonhouse stateof supremerepresentatives courtoffice to engage in full practice of law.program research.

(5) The task force shall choose cochairs from among its legislative membership.

(6) MembersLegislative aremembers notof entitledthe totask beforce are reimbursed for travel expenses ifin theyaccordance arewith electedRCW officials44.04.120. or are participating on behalf of an employer, governmental entity, or other organization.

AnyNonlegislative reimbursementmembers are not entitled to be reimbursed for othertravel membersexpenses isif subjectthey toare chapterelected 43.03officials RCW.or are participating on behalf of an employer, p.

(7)2 TheSB task5912 forcegovernmental mayentity, contractor withother additionalorganization. persons who have specific technical expertise if the expertise is necessary to carry p.

3Any ESSBreimbursement 5912for outother thenonlegislative mandatesmembers ofis thissubject section.to chapter 43.03 RCW.

(7) The task force may contract with additional persons who have specific technical expertise if the expertise is necessary to carry out the mandates of this section.

43 ESSBSB 5912