title: RCW 2.64.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Admonishment" means a written disposition of an advisory nature that cautions a judge or justice not to engage in certain proscribed behavior. An admonishment may include a requirement that the judge or justice follow a specified corrective course of action.
(2) "Censure" means a written action of the commission that requires a judge or justice to appear personally before the commission, and that finds that conduct of the judge or justice violates a rule of judicial conduct, detrimentally affects the integrity of the judiciary, undermines public confidence in the administration of justice, and may or may not require a recommendation to the supreme court that the judge or justice be suspended or removed. A censure shall include a requirement that the judge or justice follow a specified corrective course of action.
(3) "Commission" means the commission on judicial conduct provided for in Article IV, section 31 of the state Constitution, which is authorized to recommend to the supreme court, after notice and hearing, the suspension or removal of a judge or justice for violating a rule of judicial conduct, or the retirement of a judge or justice for disability.
(4) "Judge or justice" includes justices of the supreme court, judges of the court of appeals, judges of the superior courts, judges of any court organized under Titles 3 or 35 RCW, judges pro tempore, court commissioners, and magistrates.
(5) "Removal" means a written recommendation by the commission and a finding by the supreme court that the conduct of a judge or justice is a violation of a rule of judicial conduct and seriously impairs the integrity of the judiciary and substantially undermines the public confidence in the administration of justice to such a degree that the judge or justice should be relieved of all duties of his or her office.
(6) "Reprimand" means a written action of the commission that requires a judge or justice to appear personally before the commission, and that finds that the conduct of the judge or justice is a minor violation of the code of judicial conduct and does not require censure or a formal recommendation to the supreme court that the judge or justice be suspended or removed. A reprimand shall include a requirement that the judge or justice follow a specified corrective course of action.
(7) "Retirement" means a written recommendation by the commission and a finding by the supreme court that a judge or justice has a disability which is permanent, or likely to become permanent, and that seriously interferes with the performance of judicial duties.
(8) "Suspension" means a written recommendation by the commission and a finding by the supreme court that the conduct of a judge or justice is a violation of a rule of judicial conduct and seriously impairs the integrity of the judiciary and substantially undermines the public confidence in the administration of justice to such a degree that the judge or justice should be relieved of the duties of his or her office by the court for a specified period of time, as determined by the court.
This chapter shall apply to any judge or justice, regardless of whether the judge or justice serves full time or part time, and regardless of whether the judge or justice is admitted to practice law in this state.
[ 1989 c 367 s 1; 1987 c 186 s 1; 1981 c 268 s 2.]
Notes:
Contingent effective date—1989 c 367: "This act shall take effect upon the effective date of an amendment to Article IV, section 31 of the state Constitution making changes to the commission on judicial conduct. If such amendment is not validly submitted to and approved and ratified by the voters at a general election held in November 1989, this act shall be null and void in its entirety." [ 1989 c 367 s 12.] Substitute Senate Joint Resolution No. 8202 was approved and ratified by the voters at the November 7, 1989, general election.

catchline: Definitions—Application.


doc_type: statute

jurisdiction: wa

title: RCW 2.64.020

text:
The commission shall consist of eleven members. One member shall be a judge selected by and from the court of appeals judges; one member shall be a judge selected by and from the superior court judges; one member shall be a judge selected by and from the limited jurisdiction court judges; two members shall be selected by the state bar association and be admitted to the practice of law in this state; and six members shall be nonlawyers appointed by the governor. The term of each member of the commission shall be four years.
[ 2005 c 15 s 1; 1989 c 367 s 2; 1987 c 186 s 2; 1981 c 268 s 3.]
Notes:
Contingent effective date—2005 c 15: "This act takes effect January 1, 2006, if the proposed amendment to Article IV, section 31 of the state Constitution (Senate Joint Resolution No. 8207, changing the membership of the commission on judicial conduct) is validly submitted to and is approved and ratified by the voters at the next general election. If the proposed amendment is not approved and ratified, this act is void in its entirety." [ 2005 c 15 s 2.] Senate Joint Resolution No. 8207 was approved and ratified by the voters at the November 8, 2005, general election.
Contingent effective date—1989 c 367: See note following RCW 2.64.010.
Terms of additional members—1987 c 186 s 2: "Notwithstanding RCW 2.64.020, the initial term of one of the members added to the commission on judicial conduct by section 2, chapter 186, Laws of 1987 shall end on June 16, 1990, and the term of the other member shall end on June 16, 1991, as determined by lot." [ 1987 c 186 s 3.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Membership—Terms.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 2.64.030

text:
Commission membership shall terminate if a member ceases to hold the position that qualified him or her for appointment. Vacancies caused by disqualification or resignation shall be filled by the appointing authority for the remainder of the term. No person may serve more than two consecutive four-year terms. A person may be reappointed after a lapse of one year. A member, rather than his or her successor, shall continue to participate in any hearing in progress at the end of his or her term, or when the member ceases to hold the position that qualified him or her for appointment. The appointing authority shall appoint an alternate to serve during a member's temporary disability, disqualification, or inability to serve. No member may otherwise be removed from the commission before the end of his or her term except upon good cause found by the appointing authority.
[ 1981 c 268 s 4.]


title: RCW 2.64.040

text:
Commission members and alternate members shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
[ 1984 c 287 s 8; 1981 c 268 s 5.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Compensation and travel expenses.


title: RCW 2.64.050

text:
The commission may employ personnel, including attorneys, and make any other expenditures necessary for the effective performance of its duties and the exercise of its powers. The commission may hire attorneys or others by personal service contract to conduct initial proceedings regarding a complaint against a judge or justice. Commission employees shall be exempt from the civil service law, chapter 41.06 RCW.
[ 1989 c 367 s 3; 1981 c 268 s 6.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Employment of personnel—Expenditures authorized.


title: RCW 2.64.055

text:
The commission is authorized to impose the following disciplinary actions, in increasing order of severity: (a) Admonishment; (b) reprimand; or (c) censure. If the conduct of the judge or justice warrants more severe disciplinary action, the commission may recommend to the supreme court the suspension or removal of the judge or justice.
[ 1989 c 367 s 4.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Disciplinary actions authorized.


title: RCW 2.64.057

text:
The commission is authorized to investigate and consider for probative value any conduct that may have occurred prior to, on, or after December 4, 1980, by a person who was, or is now, a judge or justice when such conduct relates to a complaint filed with the commission against the same judge or justice.
[ 1989 c 367 s 5.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Investigation of conduct occurring prior to, on, or after December 4, 1980.


title: RCW 2.64.060

text:
Each member of the commission, and any special master appointed by the commission, may administer oaths. The commission may summon and examine witnesses and compel the production and examination of papers, books, accounts, documents, records, certificates, and other evidence for the determination of any issue before or the discharge of any duty of the commission. The commission shall also issue subpoenas at the request and on behalf of any judge or justice under inquiry. All subpoenas shall be signed by a member of the commission or a special master appointed by the commission. Subpoenas shall be served and witnesses reimbursed in the manner provided in civil cases in superior court.
[ 1981 c 268 s 7.]

catchline: Administration of oaths—Powers as to witnesses, papers, books, etc.—Subpoenas.


title: RCW 2.64.070

text:
If a person refuses to obey a subpoena issued by the commission or refuses to answer any proper question during a hearing or proceeding, the superior court of any county in which the hearing or proceeding is conducted or in which the person resides or is found shall have jurisdiction, upon application by the commission, to order the person to appear before the commission, to produce evidence if so ordered, or to give testimony concerning the matter under investigation. Failure to obey the order of the court may be punished as contempt.
[ 1981 c 268 s 8.]

catchline: Refusal to obey subpoena—Powers of superior court.


title: RCW 2.64.080

text:
Members and employees of the commission, including any lawyers or special masters temporarily employed by the commission, are absolutely privileged from suit in any action, civil or criminal, based upon any disciplinary proceedings or upon other official acts as members or employees of the commission. Statements made to the commission or its investigators or other employees are absolutely privileged in actions for defamation. This absolute privilege does not apply to statements made in any other forum.
[ 1981 c 268 s 9.]

catchline: Privilege from suit.


title: RCW 2.64.092

text:
The adjudicative proceedings, judicial review, and civil enforcement provisions of chapter 34.05 RCW, the administrative procedure act, do not apply to any investigations, initial proceedings, public hearings, or executive sessions involving the discipline or retirement of a judge or justice.
[ 1989 c 367 s 7.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Administrative procedure act not applicable.


title: RCW 2.64.094

text:
If the commission adopts a recommendation that a judge or justice be removed, the judge or justice shall be suspended, with salary, from his or her judicial position upon filing of the recommendation with the supreme court and until a final determination is made by the supreme court.
[ 1987 c 186 s 6.]

catchline: Suspension of judge or justice.


title: RCW 2.64.096

text:
Whenever the commission determines that there is probable cause to believe that a judge or justice has violated a rule of judicial conduct or that the judge or justice suffers from a disability which is permanent or likely to become permanent and which seriously interferes with the performance of judicial duties, the commission shall disclose to the judge or justice any material or information within the commission's knowledge which tends to negate the determination of the commission, except as otherwise provided by a protective order.
[ 1989 c 367 s 10.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Disclosure of material tending to negate determination.


title: RCW 2.64.100

text:
The commission shall prepare and present to the legislature proposed operating budgets for the commission in accordance with the provisions of chapter 43.88 RCW. The commission shall report to the legislature in the manner required by law, with due regard for the confidentiality of proceedings before the commission.
[ 1981 c 268 s 11.]

catchline: Proposed operating budgets—Reports to legislature.


title: RCW 2.64.111

text:
All pleadings, papers, evidence records, and files of the commission, including complaints and the identity of complainants, compiled or obtained during the course of an investigation or initial proceeding involving the discipline or retirement of a judge or justice, are exempt from the public disclosure requirements of chapter 42.56 RCW during such investigation or initial proceeding. As of the date of a public hearing, all those records of the initial proceeding that were the basis of a finding of probable cause are subject to the public disclosure requirements of chapter 42.56 RCW.
[ 2005 c 274 s 201; 1989 c 367 s 6.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Exemption from public disclosure—Records subject to public disclosure, when.


title: RCW 2.64.113

text:
The commission shall provide by rule for confidentiality of its investigations and initial proceedings in accordance with Article IV, section 31 of the state Constitution.
Any person violating a rule on confidentiality is subject to a proceeding for contempt in superior court.
[ 1989 c 367 s 9.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Confidentiality—Violations.


title: RCW 2.64.115

text:
The commission is subject to the open public meetings act, chapter 42.30 RCW. However, investigations, initial proceedings, public hearings, and executive sessions involving the discipline or retirement of a judge or justice are governed by this chapter and Article IV, section 31 of the state Constitution and are exempt from the provisions of chapter 42.30 RCW.
[ 1989 c 367 s 8.]
Notes:
Contingent effective date—1989 c 367: See note following RCW 2.64.010.

catchline: Application of open public meetings act—Exemptions.


title: RCW 2.64.120

text:
The commission shall for all purposes be considered an independent part of the judicial branch of government.
[ 1981 c 268 s 13.]

catchline: Independent part of judicial branch.


title: RCW 2.68.010

text:
The judicial information system committee, as established by court rule, shall determine all matters pertaining to the delivery of services available from the judicial information system. The committee may establish a fee schedule for the provision of information services and may enter into contracts with any person, public or private, including the state, its departments, subdivisions, institutions, and agencies. However, no fee may be charged to county or city governmental agencies within the state of Washington using the judicial information system for the business of the courts.
[ 1989 c 364 s 1.]

catchline: Judicial information system committee—Fees.


title: RCW 2.68.020

text:
There is created an account in the custody of the state treasurer to be known as the judicial information system account. The administrative office of the courts shall maintain and administer the account, in which shall be deposited all moneys received from in-state noncourt users and any out-of-state users of the judicial information system and moneys as specified in RCW 2.68.040 for the purposes of providing judicial information system access to noncourt users and providing an adequate level of automated services to the judiciary. The legislature shall appropriate the funds in the account for the purposes of the judicial information system. The account shall be used for the acquisition of equipment, software, supplies, services, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications, systems, software, supplies, and equipment, including the payment of principal and interest on items paid in installments. During the 2011-2013 fiscal biennium, the judicial information system account may be appropriated to support the state law library. During the 2013-2015 fiscal biennium, the judicial information system account may be appropriated to support the information systems and other activities in the administrative office of the courts.
[ 2013 2nd sp.s. c 4 s 950; 2012 2nd sp.s. c 7 s 913. Prior: 2009 c 564 s 1802; 2009 c 564 s 918; 2005 c 282 s 11; 1994 c 8 s 1; 1989 c 364 s 2.]
Notes:
Effective dates—2013 2nd sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 30, 2013]; except for section 952 of this act which takes effect August 1, 2013, section 968 of this act which takes effect June 30, 2013; sections 978 and 996 of this act which take effect July 28, 2013; and sections 991 and 992 of this act which take effect July 1, 2013." [ 2013 2nd sp.s. c 4 s 1904.]
Effective date—2012 2nd sp.s. c 7: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 2, 2012]." [ 2012 2nd sp.s. c 7 s 938.]
Effective date—2009 c 564: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 19, 2009]." [ 2009 c 564 s 1812.]

catchline: Judicial information system account.


title: RCW 2.68.030

text:
The judicial information system committee shall develop a schedule of user fees for in-state noncourt users and all out-of-state users of the judicial information computer system and charges for judicial information system products and licenses for the purpose of distributing and apportioning the full cost of operation and continued development of the system among the users. The schedule shall generate sufficient revenue to cover the costs relating to (1) the payment of salaries, wages, other costs including, but not limited to the acquisition, operation, and administration of acquired information services, supplies, and equipment; and (2) the development of judicial information system products and services. As used in this section, the term "supplies" shall not be interpreted to delegate or abrogate the state purchasing and material control director's responsibilities and authority to purchase supplies as provided in chapter 43.19 RCW.
[ 1989 c 364 s 3.]

catchline: Schedule of user fees.


title: RCW 2.68.040

text:
(1) To support the judicial information system account provided for in RCW 2.68.020, the supreme court may provide by rule for an increase in fines, penalties, and assessments, and the increased amount shall be forwarded to the state treasurer for deposit in the account:
(a) Pursuant to the authority of RCW 46.63.110(3), the sum of ten dollars to any penalty collected by a court pursuant to supreme court infraction rules for courts of limited jurisdiction;
(b) Pursuant to RCW 3.62.060, a mandatory appearance cost in the initial sum of ten dollars to be assessed on all defendants; and
(c) Pursuant to RCW 46.63.110(6), a ten-dollar assessment for each account for which a person requests a time payment schedule.
(2) Notwithstanding a provision of law or rule to the contrary, the assessments provided for in this section may not be waived or suspended and shall be immediately due and payable upon forfeiture, conviction, deferral of prosecution, or request for time payment, as each shall occur.
(3) The supreme court is requested to adjust these assessments for inflation.
(4) This section does not apply to the additional monetary penalty under RCW 46.20.500.
(5) This section does not apply to the additional monetary fine under RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205.
(6) This section does not apply to the additional monetary penalties under RCW 46.61.165.
(7) In addition to any amount prescribed by rule under subsection (1)(a) of this section as an assessment on traffic infractions dedicated for the judicial information system, there shall be assessed $2 on each traffic infraction. The additional $2 shall be forwarded to the state treasurer for deposit in the driver licensing technology support account, created under RCW 46.68.067, to be used to support information technology systems used by the department of licensing to communicate with the judicial information system, manage driving records, and implement court orders.
[ 2021 c 240 s 14. Prior: 2019 c 467 s 6; 2019 c 403 s 12; 2019 c 65 s 6; 1994 c 8 s 2.]
Notes:
Effective date—2021 c 240: See note following RCW 46.63.060.
Finding—Intent—2019 c 467: See note following RCW 46.20.289.
Finding—Intent—Effective date—2019 c 403: See notes following RCW 46.04.071.
Finding—Effective date—2019 c 65: See notes following RCW 46.81A.020.

catchline: Judicial information system account—Increase in fines, penalties, assessments—Exception.


title: RCW 2.68.050

text:
The supreme court, the court of appeals and all superior and district courts, through the judicial information system committee, shall:
(1) Continue to plan for and implement processes for making judicial information available electronically;
(2) Promote and facilitate electronic access to the public of judicial information and services;
(3) Establish technical standards for such services;
(4) Consider electronic public access needs when planning new information systems or major upgrades of information systems;
(5) Develop processes to determine which judicial information the public most wants and needs;
(6) Increase capabilities to receive information electronically from the public and transmit forms, applications and other communications and transactions electronically;
(7) Use technologies that allow continuous access twenty-four hours a day, seven days per week, involve little or no cost to access, and are capable of being used by persons without extensive technology ability; and
(8) Consider and incorporate wherever possible ease of access to electronic technologies by persons with disabilities.
[ 1996 c 171 s 3.]
Notes:
Captions not law—1996 c 171: "Section captions used in this act do not constitute any part of the law." [ 1996 c 171 s 16.]
Effective dates—1996 c 171: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 1996], except for section 8 of this act, which takes effect June 30, 1997." [ 1996 c 171 s 19.]

catchline: Electronic access to judicial information.


title: RCW 2.68.060

text:
The administrative office of the courts, under the direction of the judicial information system committee, shall:
(1) Develop a judicial information system information technology portfolio consistent with the provisions of RCW 43.105.341;
(2) Participate in the development of an enterprise-based statewide information technology strategy;
(3) Ensure the judicial information system information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;
(4) As part of the biennial budget process, submit the judicial information system information technology portfolio to the chair and ranking member of the ways and means committees of the house of representatives and the senate, the office of financial management, and Washington technology solutions.
[ 2024 c 54 s 24; 2015 3rd sp.s. c 1 s 403; 2015 c 225 s 4; 2010 c 282 s 7.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 401-405, 409, 411, and 412: See note following RCW 2.36.057.

catchline: Duties of the administrative office of the courts.


title: RCW 2.70.005

text:
In order to implement the constitutional and statutory guarantees of counsel and to ensure effective and efficient delivery of indigent defense services funded by the state of Washington, an office of public defense is established as an independent agency of the judicial branch.
[ 2008 c 313 s 2; 1996 c 221 s 1.]
Notes:
Findings—2008 c 313: "(1) The legislature finds that the office of public defense:
(a) Operates in an efficient and economical manner, with adequate cost controls in place;
(b) Meets established goals and targets; and
(c) Does not substantially duplicate services offered by other agencies or the private sector.
(2) Termination of the office of public defense would have substantial and wide-reaching ramifications on the court system in Washington state. The right to counsel is a constitutional right, and provision of counsel for indigent defendants is a government responsibility." [ 2008 c 313 s 1.]

catchline: Office of public defense established.


title: RCW 2.70.010

text:
The supreme court shall appoint the director of the office of public defense from a list of three names submitted by the advisory committee created under RCW 2.70.030. Qualifications shall include admission to the practice of law in this state for at least five years, experience in providing indigent defense services, and proven managerial or supervisory experience. The director shall serve at the pleasure of the supreme court and receive a salary to be fixed by the advisory committee.
[ 2008 c 313 s 3; 1996 c 221 s 2.]
Notes:
Findings—2008 c 313: See note following RCW 2.70.005.


title: RCW 2.70.020

text:
The director shall:
(1) Administer all state-funded services in the following program areas:
(a) Trial court criminal indigent defense, as provided in chapter 10.101 RCW;
(b) Appellate indigent defense, as provided in this chapter and RCW 10.73.150;
(c) Representation of indigent parents qualified for appointed counsel in dependency and termination cases, as provided in RCW 13.34.090 and 13.34.092;
(d) Extraordinary criminal justice cost petitions, as provided in RCW 43.330.190;
(e) Compilation of copies of DNA test requests by persons convicted of felonies, as provided in RCW 10.73.170;
(f) Representation of indigent respondents qualified for appointed counsel in sexually violent predator civil commitment cases, as provided in chapter 71.09 RCW;
(g) Representation of indigent persons who are acquitted by reason of insanity and committed to state psychiatric care as provided in chapter 10.77 RCW; and
(h) At the request of the health care authority on behalf of a county under chapter 71.05 RCW, representation of indigent persons qualified for appointed counsel in involuntary commitment cases;
(2) Subject to availability of funds appropriated for this specific purpose, provide access to counsel for indigent persons incarcerated in a juvenile rehabilitation or adult correctional facility to file and prosecute a first, timely personal restraint petition under RCW 10.73.150. The office shall establish eligibility criteria that prioritize access to counsel for youth under age 25, youth or adults with sentences in excess of 120 months, youth or adults with disabilities, and youth or adults with limited English proficiency. Nothing in this subsection creates an entitlement to counsel at state expense to file a personal restraint petition;
(3) Subject to the availability of funds appropriated for this specific purpose, appoint counsel to petition the sentencing court if the legislature creates an ability to petition the sentencing court, or appoint counsel to challenge a conviction or sentence if a final decision of an appellate court creates the ability to challenge a conviction or sentence. Nothing in this subsection creates an entitlement to counsel at state expense to petition the sentencing court;
(4) Provide access to attorneys for juveniles contacted by a law enforcement officer for whom a legal consultation is required under RCW 13.40.740;
(5) Submit a biennial budget for all costs related to the office's program areas;
(6) Establish administrative procedures, standards, and guidelines for the office's program areas, including cost-efficient systems that provide for authorized recovery of costs;
(7) Provide oversight and technical assistance to ensure the effective and efficient delivery of services in the office's program areas;
(8) Recommend criteria and standards for determining and verifying indigency. In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards;
(9) Collect information regarding indigent defense services funded by the state and report annually to the advisory committee, the legislature, and the supreme court;
(10) Coordinate with the supreme court and the judges of each division of the court of appeals to determine how appellate attorney services should be provided.
[ 2025 c 226 s 10; 2024 c 294 s 1. Prior: 2023 c 261 s 2; 2023 c 120 s 2; 2021 c 328 s 3; 2012 c 257 s 1; 2008 c 313 s 4; 1996 c 221 s 3.]
Notes:
Effective date—2025 c 226: See note following RCW 71.05.020.
Findings—Intent—2023 c 261: "The legislature recognizes that Washington authorizes personal restraint petitions to challenge potentially unjust criminal judgments and sentences, a procedural safeguard dating back to medieval common law. The legislature further recognizes that recent statutory amendments and Washington supreme court decisions allow thousands of persons impacted by injustices in the criminal legal system to pursue resentencing.
The legislature observes that wealthy people retain attorneys to represent them in these complex, high-stakes postconviction legal proceedings. However, at least 80 percent of persons charged with felonies are indigent and cannot afford to hire a lawyer. In addition, nearly 40 percent of incarcerated persons have a cognitive or physical disability that would limit their capacity to access or understand critical legal documents, draft required petitions, or otherwise effectively represent themselves pro se in legal proceedings. Up to 70 percent of persons in prison cannot read above a fourth-grade level.
The legislature finds that the criminal legal system disproportionately incarcerates people of color, and that most people in prison are poor and the poorest are women and people of color. The legislature further finds that current law may have the effect of limiting access to counsel to initiate legitimate claims for postconviction relief. The legislature believes this situation perpetuates and exacerbates the disparate impacts of the criminal legal systems on poor persons and persons of color.
The legislature therefore declares that indigent incarcerated persons would benefit from access to public defense counsel to advise, initiate, and execute certain postconviction procedures. In addition, the legislature finds that the state should fund and administer access to counsel for certain types of postconviction procedures through the Washington state office of public defense. This act is intended to: Authorize the office of public defense, within amounts appropriated for this purpose, to provide counsel for certain indigent adults and juveniles to file and prosecute one, timely personal restraint petition; petition a sentencing court when the legislature creates an opportunity to do so; and challenge a conviction or sentence if a final decision of an appellate court creates an opportunity to do so." [ 2023 c 261 s 1.]
Effective date—2023 c 261: "This act takes effect January 1, 2024." [ 2023 c 261 s 4.]
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.
Effective date—2021 c 328: See note following RCW 13.40.740.
Effective date—2012 c 257: "This act takes effect July 1, 2012." [ 2012 c 257 s 14.]
Findings—2008 c 313: See note following RCW 2.70.005.

catchline: Director—Duties—Limitations.


title: RCW 2.70.023

text:
(1) Except as otherwise provided in this section, the office of public defense shall not provide direct representation of clients.
(2) In order to protect and preserve client rights when administering the office's statutory duties to provide initial telephonic or video consultation services, managing and supervising attorneys of the office of public defense who meet applicable public defense qualifications may provide limited short-term coverage for the consultation services if office of public defense contracted counsel is unavailable to provide the consultation services. The office shall provide services in a manner consistent with the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense.
(3) The office of public defense may facilitate and supervise placement of law clerks, externs, and interns with office of public defense contracted counsel, in a manner consistent with the Washington admission and practice rules, the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense.
(4) Employees of the office of public defense may provide pro bono legal services in a manner consistent with the rules of professional conduct, chapter 42.52 RCW, and applicable policies of the office of public defense. The policies of the office of public defense must require that employees providing pro bono legal services obtain and provide to the office a written statement, signed by any pro bono client, acknowledging that:
(a) The pro bono legal services are provided by the employee acting in the employee's personal capacity and not as an employee of the office of public defense; and
(b) The state of Washington may not be held liable for any claim arising from the provision of pro bono legal services by the employees of the office of public defense.
The office of public defense shall retain the written statements in a manner consistent with records relating to potential conflicts of interest.
(5) The office of public defense shall provide public defense services for indigent persons qualified for appointed counsel in involuntary commitment cases under chapter 71.05 RCW at the request of the health care authority on behalf of a county, either directly or by contracting with persons admitted to practice law in this state or organizations that employ persons admitted to practice law in this state, using funds provided by the county pursuant to RCW 71.05.110.
[ 2025 c 226 s 11; 2024 c 294 s 2.]
Notes:
Effective date—2025 c 226: See note following RCW 71.05.020.

catchline: Direct representation of clients.


title: RCW 2.70.025

text:
In providing indigent defense services for sexually violent predator civil commitment cases under chapter 71.09 RCW, the director shall:
(1) In accordance with state contracting laws, contract with persons admitted to practice law in this state and organizations employing persons admitted to practice law in this state for the provision of legal services to indigent persons;
(2) Establish annual contract fees for defense legal services within amounts appropriated based on court rules and court orders;
(3) Ensure an indigent person qualified for appointed counsel has one contracted counsel appointed to assist him or her. Upon a showing of good cause, the court may order additional counsel;
(4) Consistent with court rules and court orders, establish procedures for the reimbursement of expert witness and other professional and investigative costs;
(5) Review and analyze existing caseload standards and make recommendations for updating caseload standards as appropriate;
(6) Annually, with the first report due December 1, 2013, submit a report to the chief justice of the supreme court, the governor, and the legislature, with all pertinent data on the operation of indigent defense services for commitment proceedings under this section, including:
(a) Recommended levels of appropriation to maintain adequate indigent defense services to the extent constitutionally required;
(b) The time to trial for all commitment trial proceedings including a list of the number of continuances granted, the party that requested the continuance, the county where the proceeding is being heard, and, if available, the reason the continuance was granted;
(c) Recommendations for policy changes, including changes in statutes and changes in court rules, which may be appropriate for the improvement of sexually violent predator civil commitment proceedings.
[ 2012 c 257 s 2.]
Notes:
Effective date—2012 c 257: See note following RCW 2.70.020.
Indigent defense services—Scope of representation: RCW 71.09.045.

catchline: Director—Indigent defense services—Civil commitment of sexually violent predators.


title: RCW 2.70.027

text:
In providing postcommitment public defense services for indigent persons who are committed to state psychiatric care following acquittal by reason of insanity under chapter 10.77 RCW, the director shall:
(1) In accordance with state contracting laws, contract with persons admitted to practice law in this state and with government or nongovernment organizations employing persons admitted to practice law in this state;
(2) Establish annual contract fees for public defense legal services within amounts appropriated;
(3) Ensure an indigent person qualified for public defense counsel has contracted counsel appointed to assist him or her;
(4) Consistent with applicable statutes, court orders, and court rules, establish office policies and procedures for the payment of expert costs, other professional and investigative costs, and litigation costs;
(5) Review and analyze existing caseload standards and make recommendations for updating caseload standards as appropriate for this area of legal practice; and
(6) Periodically, as needed, submit reports to the chief justice of the supreme court of the state of Washington, the governor, and the legislature. The purpose of such reports is to communicate new information regarding public defense services for persons who are committed following acquittal by reason of insanity under chapter 10.77 RCW and to recommend changes in statutes and court rules for the improvement of insanity commitment and postcommitment proceedings.
[ 2023 c 120 s 3.]
Notes:
Intent—2023 c 120: "Out of concern for inconsistent practices for providing postcommitment right to counsel services, the legislature directed the Washington state office of public defense to develop a statewide proposal to administer the right to counsel for persons acquitted by reason of insanity and committed to state psychiatric care.
In response to the office's proposal, the legislature intends that the office of public defense shall administer a program of statewide public defense services to ensure the right to counsel for indigent persons who are committed to state psychiatric care following acquittal by reason of insanity. The legislature intends that the office shall administer these postcommitment public defense services in a manner that provides for statewide effectiveness, efficiency, and equity." [ 2023 c 120 s 1.]
Effective date—2023 c 120: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 20, 2023]." [ 2023 c 120 s 15.]

catchline: Director—Commitment to psychiatric care—Postcommitment public defense services for indigent persons.


title: RCW 2.70.030

text:
(1) There is created an advisory committee consisting of the following members:
(a) Three persons appointed by the chief justice of the supreme court, who shall also appoint the chair of the committee;
(b) Two nonattorneys appointed by the governor;
(c) Two senators, one from each of the two largest caucuses, appointed by the president of the senate; and two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives;
(d) One person appointed by the court of appeals executive committee;
(e) One person appointed by the Washington state bar association;
(f) One person appointed by the Washington state association of counties; and
(g) One person appointed by the association of Washington cities.
(2) During the term of his or her appointment, no appointee may: (a) Provide indigent defense services funded by a city, a county, or the state, except on a pro bono basis; (b) serve as a judge except on a pro tem basis or as a court employee; or (c) serve as a prosecutor or prosecutor employee.
(3) Members of the advisory committee shall receive no compensation for their services as members of the committee, but may be reimbursed for travel and other expenses in accordance with state law.
(4) The advisory committee shall:
(a) Meet at least quarterly;
(b) Review at least biennially the performance of the director, and submit each review to the chief justice of the supreme court;
(c) Receive reports from the director;
(d) Make policy recommendations, as appropriate, to the legislature and the supreme court;
(e) Approve the office's budget requests;
(f) Advise the director regarding administration and oversight of the office's program areas; and
(g) Carry out other duties as authorized or required by law.
[ 2008 c 313 s 5; 2005 c 111 s 1; 1996 c 221 s 4.]
Notes:
Findings—2008 c 313: See note following RCW 2.70.005.

catchline: Advisory committee—Membership—Duties—Travel and other expenses.


title: RCW 2.70.040

text:
All employees of the office of public defense shall be exempt from state civil service under chapter 41.06 RCW.
[ 1996 c 221 s 5.]

catchline: Employees—Civil service exemption.


title: RCW 2.70.050

text:
(1) All powers, duties, and functions of the supreme court and the administrative office of the courts pertaining to appellate indigent defense are transferred to the office of public defense.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the supreme court or the administrative office of the courts pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of public defense. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the supreme court or the administrative office of the courts in carrying out the powers, functions, and duties transferred shall be made available to the office of public defense. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of public defense.
(b) Any appropriations made to the supreme court or the administrative office of the courts for carrying out the powers, functions, and duties transferred shall, on June 6, 1996, be transferred and credited to the office of public defense.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the supreme court or the administrative office of the courts engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of public defense. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of public defense to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the supreme court or the administrative office of the courts pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of public defense. All existing contracts and obligations shall remain in full force and shall be performed by the office of public defense.
(5) The transfer of the powers, duties, functions, and personnel of the supreme court or the administrative office of the courts shall not affect the validity of any act performed before June 6, 1996.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.
[ 2005 c 282 s 12; 1996 c 221 s 6.]

catchline: Transfer to office of appellate indigent defense powers, duties, functions, information, property, appropriations, employees, rules, and pending business—Apportionment—Effect on collective bargaining.


title: RCW 2.70.060

text:
For the purposes of RCW 2.70.070 through 2.70.090, "parent ally" means a parent who has successfully resolved the issues that led the parent's child into the care of the juvenile dependency court system, resulting in family reunification or another permanency outcome, and who has an interest in working collaboratively to improve the lives of children and families.
[ 2020 c 33 s 3; 2015 c 117 s 2.]
Notes:
Intent—2020 c 33: See note following RCW 74.13.715.
Intent—2015 c 117: "Early outreach and education helps shift the attitudes of parents involved in the dependency court system from anger and resentment to acknowledgment and acceptance, enhances parents' engagement in court-ordered plans in the dependency system, and increases the likelihood of family reunification. The parents for parents program has been shown to increase the number of family reunifications, where appropriate, while decreasing the length of time needed to establish permanence. The program currently exists in nine counties: Grays Harbor/Pacific, King, Kitsap, Pierce, Snohomish, Spokane, and Thurston/Mason. It is the legislature's goal to continue to support the program in these counties, standardize the parents for parents curriculum among counties in which it is currently utilized, and replicate the program statewide by the end of the 2019–2021 biennium." [ 2015 c 117 s 1.]

catchline: Parents for parents program—"Parent ally" defined.


title: RCW 2.70.070

text:
(1) The goal of the parents for parents program is to increase the permanency and well-being of children in foster care through peer mentoring that increases parental engagement and contributes to family reunification.
(2) The parents for parents program may provide structured peer mentoring for families entering the dependency court system, administered by parent allies.
[ 2020 c 33 s 4; 2015 c 117 s 3.]
Notes:
Intent—2020 c 33: See note following RCW 74.13.715.
Intent—2015 c 117: See note following RCW 2.70.060.

catchline: Parents for parents program—Goal—Structured peer mentoring.


title: RCW 2.70.080

text:
Subject to the availability of amounts appropriated for this specific purpose, components of the parents for parents program, provided by parent allies, may include:
(1) Outreach and support to parents at dependency-related hearings, beginning with the shelter care hearing;
(2) A class that educates parents about the dependency system they must navigate in order to have their children returned, empowers them with tools and resources they need to be successful with their case plan, and provides information that helps them understand and support the needs of their children;
(3) Ongoing individual peer support to help parents involved with the child welfare system;
(4) Structured, curriculum-based peer support groups.
[ 2020 c 33 s 5; 2015 c 117 s 4.]
Notes:
Intent—2020 c 33: See note following RCW 74.13.715.
Intent—2015 c 117: See note following RCW 2.70.060.

catchline: Parents for parents program—Components of program.


title: RCW 2.70.090

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the parents for parents program shall be funded through the office of public defense and centrally administered through a pass-through to a Washington state nonprofit-lead organization that has extensive experience supporting parent allies.
(2) Through the contract with the lead organization, each local program must be locally administered by the county superior court or a nonprofit organization that shall serve as the host organization.
(3) Local stakeholders representing key child welfare systems shall serve as parents for parents program advisors. Examples of local stakeholders include the department of children, youth, and families, the superior court, attorneys for the parents, assistant attorneys general, and court-appointed special advocates or guardians ad litem.
(4) A parent ally lead shall provide program coordination and maintain local program information.
(5) The lead organization shall provide ongoing training to the host organizations, statewide program oversight and coordination, and maintain statewide program information.
[ 2020 c 33 s 6; 2018 c 58 s 66; 2015 c 117 s 5.]
Notes:
Intent—2020 c 33: See note following RCW 74.13.715.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Intent—2015 c 117: See note following RCW 2.70.060.

catchline: Parents for parents program—Funding, administration—Program advisors.


title: RCW 2.70.100

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, a research entity with experience in child welfare research shall conduct an evaluation of the parents for parents program. The evaluation design must meet the standards necessary to determine whether parents for parents can be considered a research-based program.
(2) A preliminary report to the legislature must be provided by December 1, 2016. At a minimum, the preliminary report must include statistics showing rates of attendance at court hearings and compliance with court-ordered services and visitation. The report must also address whether participation in the program affected participants' overall understanding of the dependency court process.
(3) A subsequent report must be delivered to the legislature by December 1, 2019. In addition to the information required under subsection (2) of this section, this report must include statistics demonstrating the effect of the program on reunification rates and lengths of time families were engaged in the dependency court system before achieving permanency.
[ 2015 c 117 s 6.]
Notes:
Intent—2015 c 117: See note following RCW 2.70.060.

catchline: Parents for parents program—Evaluation—Reports to the legislature.


title: RCW 2.70.110

text:
Subject to the rules of discovery, the office of public defense is authorized to collect identifying information for any youth who speaks with a consulting attorney pursuant to RCW 13.40.740; provided, however, that such records are exempt from public disclosure.
[ 2021 c 328 s 4.]
Notes:
Effective date—2021 c 328: See note following RCW 13.40.740.

catchline: Identifying information of youth.


title: RCW 2.70.120

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of public defense shall administer a law student rural public defense program. The program shall coordinate with one or more law schools to place law students who are eligible to practice as a licensed legal intern under Washington state admission and practice rule 9 and/or recent law school graduates as legal interns with experienced public defense attorneys located in underserved areas and rural areas of the state. The program must allow the intern to gain real-world public defense experience under the mentorship of the experienced public defense attorney, including active representation and litigation opportunities, with the purpose of encouraging the intern to consider, or not be deterred from pursuing, employment opportunities in public defense in underserved areas and rural areas of Washington state. The internship may be structured to correspond with time periods relevant to the academic calendar. Eligible internship placements shall include government and nonprofit public defense agencies as well as private firms that contract to provide public defense services.
(2) Contracts established by the office of public defense under this section shall include monthly compensation and housing stipends for program participants. Contracts may include partial reimbursement for the supervising attorney.
[ 2024 c 293 s 2.]
Notes:
Finding—Intent—2024 c 293: "The legislature finds that the lack of availability of public defense attorneys and deputy prosecutors is an increasing problem in Washington and neighboring states which threatens the ability of court systems to process criminal filings, particularly within rural areas. The legislature intends to encourage law students to enter public defense practice and prosecution and to remove barriers to practice in underserved areas and rural areas of the state." [ 2024 c 293 s 1.]

catchline: Law student rural public defense program.


title: RCW 2.70.125

text:
Subject to the availability of amounts appropriated for this specific purpose, the office of public defense shall expand the capacity of its criminal defense training academy program to train practitioners who are new to public defense. The program must include and prioritize training for practitioners in underserved areas and rural areas of the state. The program must offer intensive trial skill development, incorporate public defense best practices and applicable standards, and offer networking opportunities. Trainings may incorporate in-person, remote, and recorded resources. By June 30, 2026, the office of public defense shall expand program offerings to also provide training to public defense practitioners who are seeking to achieve advanced qualifications.
[ 2024 c 293 s 3.]
Notes:
Finding—Intent—2024 c 293: See note following RCW 2.70.120.

catchline: Criminal defense training academy program—Expansion.


title: RCW 2.70.200

text:
(1) Subject to amounts appropriated for this specific purpose, the office of public defense may provide reimbursement of eligible expenses or contract directly with indigent defense providers for consultation and representation services for indigent adults facing pending charges or charged with violations of RCW 69.50.4011(1) (b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c), or charged with offenses involving allegations of possession or public use of a controlled substance, counterfeit substance, or legend drug, in courts of limited jurisdiction in counties with a population of 500,000 or less and cities with a population of 200,000 or less. The county or city may enter into an agreement with the office of public defense for reimbursement of eligible expenses or designate the office of public defense to contract directly with indigent defense providers for consultation and representation services in their jurisdiction.
(2) Nothing in this section creates an entitlement to counsel at state expense or a right by counties or cities for the provision of services by the office of public defense that would exceed the amounts appropriated for this specific purpose.
[ 2023 sp.s. c 1 s 39.]

catchline: Representation of persons charged with violating certain counterfeit substances, controlled substances, cannabis, or legend drug provisions.


title: RCW 2.70.900

text:
(1) All powers, duties, and functions of the department of social and health services and the special commitment center pertaining to indigent defense under chapter 71.09 RCW are transferred to the office of public defense.
(2)(a) The office of public defense may request any written materials in the possession of the department of social and health services and the special commitment center pertaining to the powers, functions, and duties transferred, which shall be delivered to the custody of the office of public defense. Materials may be transferred electronically and/or in hard copy, as agreed by the agencies. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of public defense.
(b) Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on July 1, 2012, be transferred and credited to the office of public defense.
(3) Notwithstanding July 1, 2012, if implementation of office of public defense contracts would result in the substitution of counsel within one hundred eighty days of a scheduled trial date, the director of the office of public defense may continue defense services with existing counsel to facilitate continuity of effective representation and avoid further continuance of a trial. When existing counsel is maintained, payment to complete the trial shall be prorated based on standard contract fees established by the office of public defense under RCW 2.70.025 and, at the director's discretion, may include extraordinary compensation based on attorney documentation.
[ 2012 c 257 s 3.]
Notes:
Effective date—2012 c 257: See note following RCW 2.70.020.

catchline: Transfer of certain powers, duties, and functions of the department of social and health services.


title: RCW 2.70.901

text:
(1) All powers, duties, and functions of county government and the department of social and health services pertaining to public defense services for indigent persons who are committed following acquittal by reason of insanity under chapter 10.77 RCW are transferred to the office of public defense. County government and the department of social and health services shall retain powers, duties, and functions to ensure public defense services for indigent persons prior to acquittal by reason of insanity under chapter 10.77 RCW.
(2)(a) The office of public defense may request copies of records in the possession of a county public defense administrator, the department of social and health services, or the behavioral health administration pertaining to the powers, functions, and duties transferred, which shall be timely delivered to the custody of the office of public defense. In order to implement the office's administration and oversight of postcommitment public defense services authorized by chapter 120, Laws of 2023, the office of public defense shall be entitled to personal identifying information for any person committed following acquittal by reason of insanity, as well as information about underlying criminal or other pending court proceedings, and the identity of any existing legal counsel. The county public defense administrator, the department of social and health services, or the behavioral health administration shall not require the office of public defense to obtain consent by the person committed following acquittal by reason of insanity in order to share this information. The office of public defense shall maintain the confidentiality of all confidential information included in the records. Records may be transferred electronically or in hard copy, as agreed by the agencies. When the office of public defense has satisfied its business needs related to the transferred records, the office shall destroy the records following appropriate procedures.
(b) All funds, credits, or other assets held by the department of social and health services in connection with the powers, functions, and duties transferred shall be assigned to the office of public defense.
(c) Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred shall, on July 1, 2023, be transferred and credited to the office of public defense.
(3) Notwithstanding July 1, 2023, if implementation of office of public defense contracts would result in the substitution of counsel within 180 days of a scheduled hearing, the director of the office of public defense may continue defense services with existing counsel to facilitate continuity of effective representation and avoid further continuance of a trial. When existing counsel is maintained, payment to complete the trial shall be prorated based on standard contract fees established by the office of public defense under chapter 120, Laws of 2023 and, at the director's discretion, may include extraordinary compensation based on attorney documentation.
[ 2023 c 120 s 4.]
Notes:
Intent—Effective date—2023 c 120: See notes following RCW 2.70.027.

catchline: Transfer of certain powers, duties, and functions of the department of social and health services—Persons not guilty by reason of insanity.


title: RCW 2.72.005

text:
(1) In establishing an office of public guardianship and conservatorship, the legislature intends to promote the availability of guardianship, conservatorship, and alternate services that provide support for decision making for individuals who need them and for whom adequate services may otherwise be unavailable. The legislature reaffirms its commitment to treat liberty and autonomy as paramount values for all Washington residents and to authorize public guardianship and conservatorship only to the minimum extent necessary to provide for health or safety, or to manage financial affairs, when the legal conditions for appointment of a guardian or conservator are met. It does not intend to alter those legal conditions or to expand judicial authority to determine that any individual may be subject to guardianship or conservatorship.
(2) The legislature further recognizes that decision-making assistance for people who have limited capacity can preserve individual liberty and provide effective support responsive to individual needs and wishes. The legislature also recognizes that these services may be less expensive than guardianship and conservatorship for the state, the courts, and for individuals with limited capacity and their families.
[ 2020 c 312 s 401; 2019 c 215 s 1; 2007 c 364 s 1.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Intent.


title: RCW 2.72.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agent" means a person granted authority to act for a principal under a power of attorney.
(2) "Contract service provider" means a public guardian or public conservator providing services under contract with the office of public guardianship and conservatorship. Any public guardian or public conservator providing such services must be certified by the certified professional guardian [guardianship] board established by the supreme court.
(3) "Decision-making assistance" means support for an individual with diminished decision-making ability in making decisions affecting health or safety or to manage financial affairs. Assistance includes, without limitation, acting as a representative payee, an agent, a trustee, a public guardian, or a public conservator.
(4) "Estate administration" means services provided for a fee to the estate of an individual who died at age eighteen or older, in circumstances where a contract service provider is granted letters under *RCW 11.28.120(7).
(5) "Long-term care services" means services provided through the department of social and health services either in a hospital or skilled nursing facility, or in another setting under a home and community-based waiver authorized under 42 U.S.C. Sec. 1396n.
(6) "Office" means the office of public guardianship and conservatorship.
(7) "Public conservator" means an individual or entity appointed by a court to make decisions with respect to property or financial affairs of an individual subject to conservatorship, and who provides these services under contract with the office of public guardianship and conservatorship.
(8) "Public guardian" means an individual or entity appointed by the court to make decisions with respect to the personal affairs of an individual, and who provides these services under contract with the office of public guardianship and conservatorship.
(9) "Representative payee" means the designated agent for a recipient of government benefits whom a government agency has determined to be incapable of managing his or her benefits.
(10) "Trustee" means a person or organization named in a trust agreement to handle trust property for the benefit of one or more beneficiaries in accordance with the terms of the agreement.
[ 2020 c 312 s 402. Prior: 2019 c 215 s 2; 2007 c 364 s 2.]
Notes:
Reviser's note: *(1) RCW 11.28.120 was amended by 2026 c 204 s 2, changing subsection (7) to subsection (2).
(2) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Definitions.


title: RCW 2.72.020

text:
(1) There is created an office of public guardianship and conservatorship within the administrative office of the courts.
(2) The supreme court shall appoint a public guardianship and conservatorship administrator to establish and administer a public guardianship, public conservatorship, decision-making assistance, and estate administration program in the office of public guardianship and conservatorship. The public guardianship and conservatorship administrator serves at the pleasure of the supreme court.
[ 2020 c 312 s 403; 2019 c 215 s 3; 2007 c 364 s 3.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Office of public guardianship and conservatorship created—Appointment of public guardianship and conservatorship administrator.


title: RCW 2.72.030

text:
The public guardianship and conservatorship administrator is authorized to establish and administer a public guardianship, public conservatorship, decision-making assistance, and estate administration program as follows:
(1)(a) The office shall contract with certified professional guardians and conservators or certified professional guardian and conservator agencies to provide public guardianship, public conservatorship, decision-making assistance, and estate administration services to persons age eighteen or older whose income does not exceed two hundred percent of the federal poverty level determined annually by the United States department of health and human services or who are receiving long-term care services through the Washington state department of social and health services, when there is no one else qualified who is willing and able to serve.
(b) Neither the public guardianship and conservatorship administrator nor the office may act as public guardian or conservator or act in any other representative capacity for any individual.
(c) The primary function of the office is to contract for public guardianship, public conservatorship, decision-making assistance, and estate administration services that are provided in a manner consistent with the requirements of this chapter. The office is subject to audit by the state auditor.
(d) Public guardianship, public conservatorship, decision-making assistance, and estate administration service contracts are dependent upon legislative appropriation. This chapter does not create an entitlement.
(2) The office shall adopt and maintain eligibility criteria to enable it to serve individuals with the greatest need when the number of cases in which courts propose to appoint a public guardian or conservator exceeds the number of cases in which services can be provided. In adopting such criteria, the office may consider factors including, but not limited to, the following: Whether an individual with diminished decision-making ability is at significant risk of harm from abuse, exploitation, abandonment, neglect, or self-neglect; and whether an individual with diminished decision-making ability is in imminent danger of loss or significant reduction in public services that are necessary for the individual to live successfully in the most integrated and least restrictive environment that is appropriate in light of the individual's needs and values.
(3) The office shall adopt minimum standards of practice for public guardians, public conservators, and other contract service providers providing public guardianship, public conservatorship, decision-making assistance, and estate administration services.
(4) The office shall require a public guardian or conservator to visit each individual subject to guardianship or conservatorship for which public guardianship or conservatorship services are provided no less than monthly to be eligible for compensation.
(5) The office shall not petition for appointment of a public guardian or conservator for any individual. It may develop a proposal for the legislature to make affordable legal assistance available to petition for guardianships or conservatorships.
(6) The office shall develop and adopt a case-weighting system designed to balance the increasing need for access to guardianship and conservatorship services, while effectively managing public guardian and conservator caseloads and providing appropriate supports for individuals on that caseload.
(a) The standard caseload limit for a contract service provider must be no more than twenty persons placed under a guardianship per certified professional guardian or conservator. The office may authorize adjustments to the standard caseload limit on a case-by-case basis, and payment for services to a contract service provider that serves more than twenty persons placed under a guardianship per professional guardian or conservator is subject to review by the office. In evaluating caseload size, the office shall consider the expected activities, time, and demands involved, as well as the available support for each case.
(b) Adjusted caseload limits must not exceed thirty-six cases. The office shall not authorize payment for services for any contract service provider that fails to comply with the adjusted caseload limit guidelines.
(c) The office shall develop case-weighting guidelines to include a process for adjusting caseload limits, relevant policies and procedures, and recommendations for changes in court rules which may be appropriate for the implementation of the system.
(d) By December 1, 2019, the office must submit to the legislature a report detailing the final case-weighting system and guidelines, and implementation progress and recommendations. The report must be made available to the public.
(e) The administrative office of the courts shall notify the superior courts of the policies contained in the final case-weighting system.
(7) The office shall monitor and oversee the use of state funding to ensure compliance with this chapter.
(8) The office shall collect uniform and consistent basic data elements regarding service delivery. This data shall be made available to the legislature and supreme court in a format that is not identifiable by individual subject to guardianship or conservatorship to protect confidentiality.
(9) The office shall require contract service providers to seek reimbursement of fees from program clients who are receiving long-term care services through the department of social and health services to the extent, and only to the extent, that such reimbursement may be paid, consistent with an order of the superior court, from income that would otherwise be required by the department to be paid toward the cost of the client's care. Fees reimbursed shall be remitted by the contract service provider to the office unless a different disposition is directed by the public guardianship and conservatorship administrator.
(10) Fees may be collected from the estate when the decedent's income prior to death exceeded two hundred percent of the federal poverty level, determined annually by the United States department of health and human services, based on a fee schedule established by the office that must be published annually.
(11) The office shall require public guardians or conservators to certify annually that for each individual served they have reviewed the need for continued public guardianship or conservatorship and the appropriateness of limiting, or further limiting, the authority of the public guardian or conservator under the applicable order, and that where termination or modification of a guardianship or conservatorship order appears warranted, the superior court has been asked to take the corresponding action.
(12) The office shall adopt a process for receipt and consideration of and response to complaints against the office and contract service providers of public guardianship, public conservatorship, decision-making assistance, and estate administration. The process shall include investigation in cases in which investigation appears warranted in the judgment of the administrator.
(13) The office shall develop standardized forms and reporting instruments that may include, but are not limited to, intake, initial assessment, guardianship care plan, decisional accounting, staff time logs, changes in condition or abilities of an individual subject to guardianship or conservatorship, and values history. The office shall collect and analyze the data gathered from these reports.
(14) The office shall identify training needs for contract service providers it contracts with, and shall make recommendations to the supreme court, the certified professional guardian [guardianship] board, and the legislature for improvements in training. The office may offer training to individuals providing services pursuant to this chapter, to individuals who, in the judgment of the administrator or the administrator's designee, are likely to provide such services in the future, to lay guardians or conservators, and to the family and friends of individuals subject to guardianship or conservatorship.
(15) The office shall establish a system for monitoring the performance of contract service providers, and office staff shall make in-home visits to a randomly selected sample of public guardianship, public conservatorship, and decision-making assistance clients. The office may conduct further monitoring, including in-home visits, as the administrator deems appropriate. For monitoring purposes, office staff shall have access to any information relating to a public guardianship, public conservatorship, decision-making assistance, and estate administration client that is available to the guardian or conservator.
[ 2020 c 312 s 404; 2019 c 215 s 4; 2009 c 117 s 1; 2007 c 364 s 4.]
Notes:
Effective dates—2020 c 312: See note following RCW 11.130.915.

catchline: Public guardianship, public conservatorship, decision-making assistance, and estate administration program—Contracts for services—Eligibility criteria and minimum standards of practice—Duties of office—Case-weighting system—Fees.


title: RCW 2.72.040

text:
The courts shall waive court costs and filing fees in any proceeding in which an incapacitated person is receiving *public guardianship services funded under this chapter.
[ 2007 c 364 s 6.]
Notes:
*Reviser's note: RCW 2.72.010 was amended by 2020 c 312 s 402, deleting the definition of "public guardianship services," effective January 1, 2022.

catchline: Waiver of court costs.


title: RCW 2.72.050

text:
The public guardianship administrator may develop rules to implement this chapter. The administrator shall request and consider recommendations from the *advisory committee in the development of rules.
[ 2007 c 364 s 7.]
Notes:
*Reviser's note: Section 5, chapter 364, Laws of 2007, which provided for the advisory committee, was vetoed by the governor.

catchline: Administrator may develop rules.


title: RCW 2.72.055

text:
The *office of public guardianship, in partnership with the office of the state long-term care ombuds, must develop and offer training targeted to the legal community and persons working in long-term care facilities regarding the different kinds of decision-making authority, including guardianship, authority granted under power of attorney, and surrogate health care decision-making authority. The training must include, at a minimum, information regarding: The roles, duties, and responsibilities of different kinds of decision makers; the scope of authority and limitations on authority with respect to different kinds of decision makers; and any relevant remedial measures provided in law for activity that exceeds the scope of decision-making authority.
[ 2017 c 268 s 4.]
Notes:
*Reviser's note: The "office of public guardianship" was renamed the "office of public guardianship and conservatorship" by 2020 c 312 s 403, effective January 1, 2022.

catchline: Decision-making authority training—Legal community and persons working in long-term care facilities.


title: RCW 2.72.060

text:
(1) Subject to the availability of funds appropriated for this specific purpose, the office shall contract with public or private entities or individuals to provide decision-making assistance services, prioritizing persons who are:
(a) Age 18 or older whose income does not exceed 400 percent of the federal poverty level determined annually by the United States department of health and human services or who are eligible to receive long-term care services through the Washington state department of social and health services;
(b) In an acute care hospital licensed under chapter 70.41 RCW, a psychiatric hospital licensed under chapter 71.12 RCW, or a state psychiatric hospital licensed under chapter 72.23 RCW, or in a location funded by such a hospital;
(c) Medically ready for discharge, or will soon be medically ready for discharge, to a postacute care or community setting; and
(d) Without a qualified person who is willing and able to serve as a decision maker.
(2) For decision-making assistance services provided pursuant to subsection (1) of this section, the office shall establish a streamlined process to review requests for decision-making assistance for persons who meet the requirement in subsection (1) of this section on a weekly basis.
(3) Subject to the availability of funds appropriated for this specific purpose, the office shall establish a navigator service to provide assistance and support for hospitals and persons in hospitals, including assistance to navigate options for guardianship, public conservatorship, decision-making assistance, and estate administration services as appropriate for the person.
(4) Subject to the availability of funds appropriated for this specific purpose, the office shall fund training for decision makers regarding considerations for specific populations, including behavioral health, involuntary treatment, disability, family law, and medicaid programs.
(5) Subject to the availability of funds appropriated for this specific purpose, the office shall offer low-barrier trainings to certified professional guardians on topics such as aging, mental health, and dementia.
[ 2024 c 267 s 15.]

catchline: Office to provide decision-making assistance services, navigator service, and trainings for decision makers and professional guardians.


title: RCW 2.72.070

text:
(1) By October 1, 2025, and annually thereafter, and in compliance with RCW 43.01.036, the office of public guardianship must submit a report to the legislature regarding the demand for the services provided by the office, barriers to service delivery, and outcomes achieved.
(2) The report required in subsection (1) of this section must contain, at a minimum, the following information for the year prior to the report:
(a) The number of contract service providers under contract with the office of public guardianship;
(b) The caseload of each contract service provider;
(c) The number of guardianships, conservatorships, and each of the less restrictive options supported by the office;
(d) The total number of persons prioritized pursuant to RCW 2.72.060;
(e) For each person prioritized pursuant to RCW 2.72.060, the number of days between when the person was deemed medically ready for discharge from a hospital to a postacute care or community setting and when the person was discharged from the hospital;
(f) A summary of postdischarge outcomes with regard to persons prioritized pursuant to RCW 2.72.060; and
(g) Policy recommendations for consideration by the legislature.
[ 2024 c 267 s 16.]

catchline: Annual report to legislature.


title: RCW 2.76.010

text:
There is created an interbranch advisory committee consisting of the following members:
(1) Two legislative members, one from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives. One member shall be a member of a committee having jurisdiction over general civil or criminal law matters and the other member shall be a member of a committee having jurisdiction over the state operating budget;
(2) Two legislative members, one from each of the two largest caucuses of the senate, appointed by the president of the senate. One member shall be a member of a committee having jurisdiction over general civil or criminal law matters and the other member shall be a member of a committee having jurisdiction over the state operating budget;
(3) One person representing the governor's office, appointed by the governor;
(4) One person representing the attorney general's office, appointed by the attorney general;
(5) One person representing cities, appointed by the association of Washington cities;
(6) One person who is an elected county councilmember representing counties, appointed by the Washington state association of counties;
(7) One person representing court clerks, appointed by the Washington state association of county clerks;
(8) Nine members from the judicial branch, appointed by the chief justice in consultation with the board of judicial administration, supreme court, court of appeals, superior court judges association, association of Washington superior court administrators, Washington association of juvenile court administrators, district and municipal court judges association, district and municipal court management association, administrative office of the courts, and access to justice board; and
(9) One person representing the office of public defense and one person representing the office of civil legal aid, who shall serve as nonvoting members. Nonvoting members must be consulted by the interbranch advisory committee as needed.
[ 2025 c 398 s 2; 2022 c 284 s 1.]

catchline: Creation—Membership. (Expires January 1, 2031.)


title: RCW 2.76.020

text:
The purpose of the interbranch advisory committee is to foster cooperation, communication, coordination, collaboration, and planning regarding issues of mutual concern among the three branches of state government. An additional purpose of the committee is to suggest ways to provide access to justice and to court services in a just and equitable manner.
[ 2022 c 284 s 2.]

catchline: Purposes. (Expires January 1, 2031.)


title: RCW 2.76.030

text:
(1) The interbranch advisory committee may set its own meeting schedule. The committee shall discuss issues of mutual concern between the branches. Examples include, but are not limited to:
(a) Funding legislative mandates;
(b) Initiatives related to access to justice;
(c) Issues of local concern;
(d) Courthouse security; and
(e) Court technology infrastructure.
(2) Staff support for the committee will be provided by the administrative office of the courts.
[ 2025 c 398 s 1.]

catchline: Meetings—Issues to discuss—Staff support. (Expires January 1, 2031.)


title: RCW 2.76.900

text:
This chapter expires January 1, 2031.
[ 2025 c 398 s 4; 2022 c 284 s 5.]

catchline: Expiration date.


title: RCW 2.78.010

text:
The court unification task force is established to conduct a comprehensive analysis of the current Washington state court system, including the review of the inefficiencies and inequities resulting from disparate local court rules, technology adoption, and funding levels, and identify areas where a more unified or centralized approach to court operations may improve efficiency and uniformity in the delivery of court and judicial services, as well as consistency in outcomes and ease of access for those who use the court system, including victims, defendants, litigants, and counsel.
[ 2026 c 199 s 2.]
Notes:
Findings—Intent—2026 c 199: "(1) The legislature finds that:
(a) Washingtonians seeking legal help encounter barriers navigating disparate local court rules or incur increased costs for legal practitioners to navigate these systems;
(b) Specific groups of Washingtonians, such as those living in rural areas or in poverty, may be inequitably impacted by courts' disparate adoption of technology to create remote filing, record sharing, processes, procedures, and hearings;
(c) Disparate local rules and adoption of technology make it difficult for lawyers, including those engaging in pro bono and legal aid work, to practice in multiple jurisdictions, exacerbating Washington's "legal deserts";
(d) Washingtonians seeking legal help may encounter inequitable outcomes due to disparate funding levels and standards from jurisdiction to jurisdiction;
(e) City and county leaders have expressed significant and urgent concerns with their ability to fund and implement the Washington state bar association's new standards for indigent defense, which derive from a constitutional mandate; and
(f) Disparate funding between the state's court systems can cause inequitable and inconsistent means for jurisdictions to implement and uphold best legal practices and standards.
(2) The legislature further finds that potential solutions to these issues warrant further study, including data collection to better understand the impact to the public and the legal profession of disparate local rules, technology, and funding between Washington's court systems.
(3) Therefore, the legislature intends to convene and meaningfully engage stakeholders across Washington state, especially those in rural areas, and to study the inefficiencies and inequities resulting from disparate local court rules, funding, and technology." [ 2026 c 199 s 1.]

catchline: Establishment. (Expires December 31, 2029.)


title: RCW 2.78.020

text:
(1) The court unification task force must include the following voting members:
(a) Two legislative members, one from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives. Of the members appointed under this subsection (1)(a), one member must be the current chair of the civil rights and judiciary committee of the house of representatives;
(b) Two legislative members, one from each of the two largest caucuses of the senate, appointed by the president of the senate. Of the members appointed under this subsection (1)(b), one must be the current chair of the law and justice committee of the senate;
(c) Three persons representing cities, appointed by the association of Washington cities as follows: (i) One person representing a municipality with a population of 500,000 or more inhabitants; (ii) one person representing a municipality with a population of 100,000 or more inhabitants, but fewer than 500,000 inhabitants; and (iii) one person representing a municipality with a population of fewer than 100,000 inhabitants;
(d) One person who is an elected county councilmember representing counties, appointed by the Washington state association of counties;
(e) One person representing court clerks, appointed by the Washington state association of county clerks;
(f) 14 members from the judicial branch, appointed by the chief justice in consultation with the board of judicial administration, supreme court, court of appeals, superior court judges association, association of Washington superior court administrators, Washington association of juvenile court administrators, district and municipal court judges association, district and municipal court management association, misdemeanant probation association, and access to justice board. Of the members appointed under this subsection (1)(f): (i) Three members must be appointed to represent the superior court judges association, with at least one member representing western Washington and at least one member representing eastern Washington; and (ii) three members must be appointed to represent the district and municipal court judges association, with at least one member representing western Washington and at least one member representing eastern Washington;
(g) One person appointed by and representing the tribal state court consortium;
(h) One person appointed by and representing the office of public defense;
(i) One person appointed by and representing the office of civil legal aid;
(j) One person appointed by and representing the administrative office of the courts;
(k) One person appointed by and representing the office of administrative hearings;
(l) One person appointed by and representing the Washington state bar association;
(m) One person appointed by and representing the Washington association of prosecuting attorneys;
(n) One person appointed by and representing the Washington state paralegal association;
(o) One person employed by and representing a community-based nonprofit organization that provides advocacy and support services, but not including legal representation, to court-involved individuals;
(p) One person appointed by and representing the Washington association of sheriffs and police chiefs;
(q) One person appointed by and representing an organization that represents survivors of gender-based violence;
(r) Two people who have lived experience as a litigant in a civil court matter and who are appointed by the office of civil legal aid. Of the members appointed under this subsection (1)(r): (i) One person must be from one of the five largest counties; and (ii) the other person must be someone who was unrepresented in their civil legal matter; and
(s) One person who has lived experience as a formerly incarcerated person appointed by the office of public defense.
(2) The court unification task force may include the following members:
(a) One person may be appointed by the governor within existing resources to represent the governor's office as a nonvoting member of the task force; and
(b) One person may be appointed by the attorney general within existing resources to represent the attorney general's office as a nonvoting member of the task force.
(3) The task force shall have two cochairs. One cochair must be the chair of the civil rights and judiciary committee of the house of representatives and the other cochair must be the chief justice of the supreme court. The cochairs shall set the agenda and provide leadership and direction for the task force. The cochairs shall request the Washington state bar association to provide staff support to the task force.
(4) Members of the task force shall be reimbursed for travel expenses. Legislative members of the task force shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Reimbursement for nonlegislative members is subject to chapter 43.03 RCW. To ensure that the task force has diverse and inclusive representation of those affected by its work, task force members, including work group members, whose participation in the task force may be hampered by financial hardship may be compensated as provided in RCW 43.03.220.
[ 2026 c 199 s 3.]
Notes:
Findings—Intent—2026 c 199: See note following RCW 2.78.010.

catchline: Membership. (Expires December 31, 2029.)


title: RCW 2.78.030

text:
The court unification task force has the following powers:
(1)(a) The task force may form issue-specific subcommittees to focus on issues relevant to the work of the task force including, but not limited to: Information technology in courts; court capacity and funding; small and rural courts; facilities and personnel; court provided services; and the impact of legislative changes on court resources and processes.
(b) The task force shall define the scope of activity and subject matter focus required of each subcommittee.
(c) A subcommittee may set its own agenda and terminate upon completion of the subcommittee's work. Subcommittee meetings may occur in person or in a virtual or hybrid format.
(2) The voting membership of each subcommittee is composed of a subset of members appointed to the task force, as determined by majority vote of the task force. A subcommittee may invite persons with relevant expertise to participate in the subcommittee's work as nonvoting members on an ongoing, recurring, or one-time basis.
[ 2026 c 199 s 4.]
Notes:
Findings—Intent—2026 c 199: See note following RCW 2.78.010.

catchline: Powers—Subcommittees. (Expires December 31, 2029.)


title: RCW 2.78.040

text:
(1) The court unification task force shall hold its first meeting by October 1, 2026, and shall complete its work by December 31, 2029. The task force shall hold no fewer than two meetings of the full membership of the task force each calendar year.
(2) By June 30, 2027, the task force shall submit a preliminary report to the interbranch advisory committee created in chapter 2.76 RCW and to the relevant committees of the legislature.
(3) By June 30, 2028, the task force shall submit its final report to the interbranch advisory committee created in chapter 2.76 RCW and to the relevant committees of the legislature. The final report must propose specific solutions for the efficient use of resources, including harmonizing any conflicting court policies, practices, and procedures, and include a long-term strategic plan to implement the proposed solutions.
(4) After the task force submits its final report and before June 30, 2029, the task force shall hold at least one meeting of the full membership of the task force.
[ 2026 c 199 s 5.]
Notes:
Findings—Intent—2026 c 199: See note following RCW 2.78.010.

catchline: Meetings—Reports. (Expires December 31, 2029.)


title: RCW 2.78.900

text:
This chapter expires December 31, 2029.
[ 2026 c 199 s 6.]
Notes:
Findings—Intent—2026 c 199: See note following RCW 2.78.010.