RAP 16.25
          APPOINTMENT OF COUNSEL ON PERSONAL RESTRAINT
                    PETITION IN CAPITAL CASES


     Unless petitioner is proceeding pro se or is represented by
retained counsel, upon a request by petitioner to the Clerk of the
Supreme Court and upon a finding that the petitioner is indigent, the
Supreme Court shall appoint counsel to assist in preparing and
presenting a first personal restraint petition.  Appointed counsel
must have demonstrated the necessary proficiency and commitment which
exemplifies the quality of representation appropriate to capital
cases.  At least one attorney so appointed must have at least three
years of experience in handling appeals or collateral reviews on
criminal convictions and must be learned in the law of capital
punishment by training or experience.

     A list of attorneys qualified for appointment in death penalty
personal restraint petitions will be recruited and maintained by a
panel created by the Supreme Court.  In appointing counsel, the
Supreme Court will consider this list.  However, the Supreme Court
will have the final discretion in the appointment of counsel in
personal restraint petitions in capital cases.

     Counsel will not be appointed if the petitioner has clearly
elected to proceed pro se and the court is satisfied that petitioner's
election is knowing, intelligent, and voluntary.  An attorney who
represented the petitioner at trial will not be appointed.  An
attorney who represented petitioner on direct appeal will not be
appointed unless petitioner and the attorney expressly request
continued representation.  Statutes providing for payment of expenses
with public funds are not superseded by this rule.

     The Supreme Court may appoint counsel to assist in a second or
subsequent petition in accord with RCW 10.73.150.