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House passes bill to help
cities and
counties with public defense costs
Cities and counties could
get out from under the growing financial burden of providing legal
counsel for criminal defendants under House Bill 1542, passed today by
the House of Representatives.
Rep.
Bill Hinkle, R-Cle Elum, co-sponsored the bill.
“This bill is – plain and simple – about the state’s obligation to
uphold the law of the land and seek justice for all,” Hinkle said. “It’s
also about helping local governments, which have been bearing the weight
of this obligation for years.”
For more than 40 years the U.S. Supreme Court has interpreted the U.S.
Constitution to require adequate public defense for persons charged with
a crime who cannot pay for a private attorney. For more than 80 years
the Washington State Constitution has said those accused of a crime have
the right to legal counsel.
Yet Washington is one in only ten states that leave the full cost and
administration of trial-level criminal public defense to local
governments. Counties spend $78 million a year to provide
constitutionally mandated public defense to poor adults and children who
face criminal charges.
House Bill 1542 would:
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Identify a liaison in
the state Office of Public Defense that would assist counties in
negotiating, drafting and enforcing contracts with attorneys to
provide public defense services;
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Ensure consistent,
annual, statewide training for attorneys providing public defender
services;
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Make available an
experienced resource attorney to consult with inexperienced,
remotely located contract defenders who need assistance with complex
legal issues; and
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Help locals with
funding to buy the basics of public defense – time for an attorney
to meet with a client before they are in the courtroom,
administrative support and, where warranted, investigative services.
“When local governments
are financially squeezed and can’t provide adequate public defense, it
ends up costing us all more in the form of appeals, which are paid by
the state, civil rights lawsuits, higher case loads and turnover, and
even a loss of respect for the courts,” Hinkle said. “Local governments
are given more and more to do with fewer and fewer resources. This will
help them and make sure we are taking care of our constitutionally
required obligations at the same time.”
House Bill 1542 now passes to the Senate.
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For more information, contact:
John Handy, Assistant
Communications Director - (360) 786-5758
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