wa-law.org > bill > 2025-26 > HB 1592 > Second Substitute
The Washington state office of public defense shall disburse appropriated funds to counties and cities for the purpose of improving the quality of public defense services.
Counties may apply in accordance with RCW 10.101.060 for up to their pro rata share as set forth in RCW 10.101.070.
Cities may apply in accordance with RCW 10.101.060 for up to their pro rata share as set forth in RCW 10.101.080.
Counties and cities may apply in accordance with this section to receive pro rata distributions of county moneys, as set forth in RCW 10.101.070, and city moneys, as set forth in RCW 10.101.080. Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse funds appropriated under RCW 10.101.050 to each county and city determined to be eligible under this chapter by the office of public defense.
Counties and cities shall conform to application procedures established by the office of public defense and improve the quality of services for both juveniles and adults.
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In order to receive funds, each applying county shall:
Require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year;
Report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense with its application; and
Designate a public defense coordinator who shall serve as the primary contact between the county and the office of public defense. The public defense coordinator shall be a lawyer with public defense experience.
Each individual or organization that contracts to perform public defense services for a county shall report to the county hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases.
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In order to receive funds, each applying city shall:
Require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year; and
Report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense with its application.
Each individual or organization that contracts to perform public defense services for a city shall report to the city hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases.
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 supreme court or that the funds received under this chapter have been used to make appreciable demonstrable improvements in the delivery of public defense services.
The office of public defense may create standards to determine the eligibility of counties and cities requesting funds.
The office of public defense shall monitor trial level public defense services to determine eligibility of counties and cities to receive state funds under this chapter. The office of public defense shall create data collection criteria and reporting forms to ensure consistent statewide data and application.
Cities and counties are encouraged to work together and with the office of public defense to create public defender districts, if needed, consistent with RCW 36.26.020.
Ninety percent of the funding appropriated under RCW 10.101.050 shall be designated as "county moneys" and shall be distributed among the counties determined by the office of public defense to be eligible to receive moneys on a pro rata basis based upon the annual number of cases filed in courts under the county's jurisdiction for which a public defender was assigned.
For the purposes of this section, the annual number of cases filed in courts under the county's jurisdiction for which a public defender was assigned is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts.
Ten percent of the funding appropriated under RCW 10.101.050 shall be designated as "city moneys" and shall be distributed among the cities determined by the office of public defense to be eligible to receive moneys on a pro rata basis based upon the annual number of misdemeanor criminal cases filed in courts under the city's jurisdiction or for which the city is financially responsible for which a public defender was assigned.
For the purposes of this section, the annual number of misdemeanor criminal cases filed in courts under the city's jurisdiction or for which the city is financially responsible for which a public defender was assigned is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts.
Any county with a population density of less than 50 persons per square mile may request that the office of public defense assume responsibility for providing all or a designated portion of the public defense services for defendants appearing in a court under the county's jurisdiction.
If the office of public defense determines that it has the capacity to provide these services on behalf of the county:
The office of public defense must notify the county of its decision to accept the request within 180 days.
The county's pro rata share of funding described in RCW 10.101.070 shall be retained by the office of public defense for the purposes of delivering public defense services within the county. The office of public defense may designate employees of the office or contract with external legal counsel to deliver public defense services within the county.
The office of public defense, at its discretion and consistent with standards for the provision of indigent defense services as endorsed by the Washington state supreme court, may establish service delivery standards, support staff, and administrative functions to facilitate the effective delivery of public defense services within the county.
The county shall contribute funds in an amount equal to its responsibility for public defense services within its jurisdiction toward the delivery of public defense services by the office of public defense within its jurisdiction.
The office of public defense shall:
Examine and make recommendations to reduce trial level public defense caseloads and backlogs;
Require counties to report to the office of public defense the number of accused who are unrepresented because of a shortage of qualified lawyers;
Make recommendations to increase retention of experienced public defenders in high-need counties; and
Report findings and recommendations to the appropriate fiscal and policy committees of the legislature not later than December 1, 2027.
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 shall include in its annual report of the courts of Washington the total number of such cases in each county and city.
Sections 1 through 5 of this act take effect January 1, 2027.
If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2026, in the omnibus appropriations act, this act is null and void.