SB 5914 — Public defense services

Summary

Concerning public defense services.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Revised Code of Washington: RCW 10.101.060.

• RCW 10.101.060

  (a) applying RCW 10.101.050 RCW 10.101.070 and shall disburse to eligible cities, funds pursuant to RCW 10.101.080 funds 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: (i) Adoption by ordinance of a legal representation plan that addresses the factors in RCW 10.101.030. The plan must apply to any contract or agency providing indigent defense services for the county or city; (ii) Requiring attorneys who provide public defense services to attend training under RCW 10.101.050; (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 public defense resource attorneys who are so qualified. The most serious cases include all cases of murder in the first or second degree, persistent offender cases, and class A felonies. This subsection (1)(a)(iii) does not apply to cities receiving funds under RCW 10.101.050 through 10.101.080; p. 3 SB 5914 (iv) Requiring contracts to address the subject of compensation for extraordinary cases; (v) Identifying funding specifically for the purpose of paying experts (A) for which public defense attorneys may file ex parte motions, or (B) which should be specifically designated within a public defender agency budget; (vi) Identifying funding specifically for the purpose of paying investigators (A) for which public defense attorneys may file ex parte motions, and (B) which should be specifically designated within a public defender agency budget. (b) The cost of providing counsel in cases where there is a conflict of interest shall not be borne by the attorney or agency who has the conflict ninety thirty → read as follows: (1) Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse to all counties and cities that meet the requirements of this chapter designated funds under this chapter on a pro rata basis pursuant to the formula set forth in subsection (3) of this section. Each fiscal year for which it receives state reimbursement under this chapter, a county or city must document to the office of public defense that it is meeting the Washington supreme court standards for indigent defense. (2) The office of public defense shall monitor trial level criminal public defense services to 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 90 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 30 days of the eligibility determination. The decision of the advisory committee is final. (3)(a) The moneys under RCW 10.101.050 shall be distributed to each county and city determined to be eligible under this section by the office of public defense. (b) The office of public defense shall establish policies for the distribution of appropriated funds to eligible counties and cities that meet the use requirements of this section. Such policies shall prioritize counties with the largest trial level criminal public defense services backlogs and most vacancies of public defenders until the disbursements meet or exceed the pro rata share of the applying county or city as outlined in RCW 10.101.070. --- END ---

  amended

Action History

1. January 12, 2026

   First reading, referred to Law & Justice.

Sponsors

• (Torres) · Primary

Subjects