wa-law.org > bill > 2025-26 > SB 5914 > Original Bill
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.
In order to receive appropriated funds under RCW 10.101.060, each county or city must :
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 ;
To the extent practicable, provide documentation to the office of public defense demonstrating that attorneys providing public defense services are in compliance with the Washington supreme court standards for indigent defense; and
Require attorneys appointed to represent public defense clients to record and report the amount of time and type of activity on which the attorney worked per case to their public defense administrator. The Washington state bar association shall work with the Washington state office of public defense to publish public defense time tracking guidelines.
Nothing in this section shall be construed to require disclosures that would violate the rules of professional conduct.
All funds appropriated for the cost of public defense services in cities and counties as specified in RCW 10.101.050 must be appropriated in the following manner:
Beginning in fiscal year 2027, the state shall appropriate funds for not less than 10 percent of the cost of public defense services;
In fiscal year 2028, the state shall appropriate funds for not less than 15 percent of the cost of public defense services;
In fiscal year 2029, the state shall appropriate funds for not less than 20 percent of the cost of public defense services;
In fiscal year 2030, the state shall appropriate funds for not less than 25 percent of the cost of public defense services;
In fiscal year 2031 and thereafter, the state shall appropriate funds for not less than 30 percent of the cost of public defense services.
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The office of public defense shall determine the cost of public defense services annually, based on an average of actual expenditures for public defense services reported by counties and cities for the previous two years.
Counties and cities shall annually provide information on the actual expenditures for public defense services to the office of public defense.
Washington supreme court standards for indigent defense.
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.
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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.
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.