SPRC 2
                   APPOINTMENT OF COUNSEL


     At least two lawyers shall be appointed for the trial
and also for the direct appeal. The trial court shall retain
responsibility for appointing counsel for trial. The Supreme
Court shall appoint counsel for the direct appeal.
Notwithstanding RAP 15.2(f) and (h), the Supreme Court will
determine all motions to withdraw as counsel on appeal.

          A list of attorneys who meet the requirements of
proficiency and experience, and who have demonstrated that
they are learned in the law of capital punishment by virtue
of training or experience, and thus are qualified for
appointment in death penalty trials and for appeals will be
recruited and maintained by a panel created by the Supreme
Court.  All counsel for trial and appeal must have
demonstrated the proficiency and commitment to quality
representation which is appropriate to a capital case.  Both
counsel at trial must have five years’ experience in the
practice of criminal law be familiar with and experienced in
the utilization of expert witnesses and evidence, and not be
presently  serving as appointed counsel in another active
trial level death penalty case. One counsel must be, and
both may be, qualified for appointment in capital trials on
the list, unless circumstances exist such that it is in the
defendant’s interest to appoint otherwise qualified counsel
learned in the law of capital punishment by virtue of
training or experience. The trial court shall make findings
of fact if good cause is found for not appointing list
counsel.

     At least one counsel on appeal must have three years’
experience in the field of criminal appellate law and be
learned in the law of capital punishment by virtue of
training or experience.  In appointing counsel on appeal,
the Supreme Court will consider the list, but will have the
final discretion in the appointment of counsel.

                           Comment
If the period of time for filing the death notice has
passed, and the death notice has not been filed, the court
may then reduce the number of attorneys to one to proceed
with the murder trial.

[Adopted effective December 30, 1997; amended effective January 1, 2003.]