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SB 5912 - Indigent defense task force

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Section 1

  1. The indigent defense task force created in law through chapter 156, Laws of 1988, and chapter 409, Laws of 1989, is reinstated to study the current system in Washington for providing representation to persons who could not otherwise afford counsel.

  2. The members of the task force shall consist of:

    1. One member appointed by the governor;

    2. The director of the office of financial management or the director's designee;

    3. The director of the office of public defense or the director's designee;

    4. Three members appointed by the chief justice of the state supreme 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;

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

    6. Two members appointed by the Washington state association of counties, one from eastern Washington and one from western Washington;

    7. One member appointed by the association of Washington cities;

    8. One member appointed by the Washington association of prosecuting attorneys;

      1. Three members from underrepresented populations who have direct lived experience with indigent defense services;

    9. Two members appointed by the office of public defense who are currently directing or running public defense offices in the state of Washington, one who provides indigent defense services to a municipality and one who provides indigent defense services to a county;

    10. One member appointed by the office of public defense who provides indigent defense services on a contract basis;

    11. 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

    12. 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. By January 1, 2028, the task force shall report its findings to the governor, supreme court, and appropriate committees of the legislature. The report shall:

    1. Describe and compare the indigent defense delivery models used in different regions of the state, including their organizational structures, efficacy, costs, attorney staffing levels, and caseloads;

    2. Evaluate the progress made by jurisdictions toward compliance with adopted indigent defense caseload standards, including measurable annual caseload reductions, staffing increases, and other actions taken since 2025 in furtherance of the Washington supreme court's implementation schedule;

    3. Identify barriers that impede compliance with adopted caseload standards and recommend specific corrective actions or technical assistance that would facilitate timely and continued progress toward compliance;

    4. Examine delays, case backlogs, and other system impacts associated with excessive caseloads, staffing shortages, and workforce constraints;

    5. Assess workforce recruitment, retention, supervision, and training needs, with particular attention to rural, underserved, and high-turnover jurisdictions;

    6. 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;

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

    8. 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;

      1. 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

    9. 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.

  4. The task force shall choose cochairs from among its members, with at least one cochair being an active member in good standing of the state bar or a person authorized by the Washington state supreme court to engage in full practice of law. The director of the office of public defense or the director's designee shall convene the first meeting of the task force.

  5. Members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other members is subject to chapter 43.03 RCW.

  6. 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. The task force may enter into such a contract only if an appropriation is specifically provided for this purpose.

  7. This section expires June 30, 2029.

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