GR 9 Cover Sheet

Suggested Amendment

Adoption of the Washington State Guidelines for Appointed Counsel in Indigent Appeals and amendment to the Standards Certification of Compliance for CrR 3.1, CrRLJ 3.1 and JuCR 9.2

Submitted by the Board of Governors of the Washington State Bar Association

A.   Name of Proponent:

Washington State Bar Association

B.   Spokespersons:

Kyle Scuichetti, President, Washington State Bar Association

Travis Stearns, Chair, Council on Public Defense, Washington State Bar Association

Diana Singleton, Access to Justice Manager, Washington State Bar Association

C.   Purpose:

The Standards for Indigent Defense adopted by the Washington Supreme Court set a caseload limit for appointed counsel representing clients in criminal cases, including those representing persons in their appeals. The Standards for Indigent Defense also require appointed counsel in criminal cases to be familiar with the Performance Guidelines for Criminal Defense Representation and the Performance Guidelines for Juvenile Defense Representation approved by the Washington State Bar Association.   

Unlike trial lawyers, before the creation of the Washington State Guidelines for Appointed Counsel in Indigent Appeals, no uniform guidance for appellate attorneys existed. These guidelines were created to provide guidance to attorneys who handle appeals for cases where there is a constitutional right to appellate counsel.

These guidelines were originally drafted by an experienced group of appellate attorneys, including the Federal Public Defender, two Washington Appellate Project lawyers, two indigent defense attorneys who worked outside an office structure, and a specialist in Personal Restraint Petitions. The Washington State Office of Public Defense assisted in drafting the guidelines. The drafters of the guidelines modelled them after guidelines adopted in other states and by national organizations, including the American Bar Association and the National Legal Aid and Defender Association.

After the guidelines were drafted, they were sent out to every attorney who represents persons in indigent defense cases. After their feedback was incorporated into the guidelines, the Washington State Office of Public Defense incorporated compliance with them into its contracts. With some minor changes, the guidelines have been used by the Office of Public Defense for several years.

The guidelines were proposed for adoption by the Supreme Court this year. With some amendments, they were approved by a super majority of the Council on Public Defense. They were then sent to the Board of Governors, where it was recommended that the guidelines be sent to the Supreme Court to be added to the Standards for Indigent Defense.

The Council on Public Defense recommends adoption of the guidelines and that they be incorporated into the Standards for Indigent Defense. The appellate guidelines fill a gap not otherwise addressed in the current guidelines the Supreme Court has. The appellate guidelines also have broad stakeholder support. Their adoption will continue to improve the quality of indigent appellate defense.