House concurs with Senate’s OPD bill

OLYMPIA - On Wednesday, March 5, the House of Representatives unanimously passed Senate Bill 6442, sponsored by Sen. Debbie Regala, D-Tacoma, which repeals the sunset and termination clauses for the Office of Public Defense (OPD) and amends provisions relating to the OPD's administration, advisory committee, and other areas. The bill unanimously passed the Senate on Feb. 11.

The Joint Legislative Audit and Review Committee (JLARC) reviewed the June 30, 2008 sunset and termination clause, by asking: Is the Office complying with legislative intent? Is it operating in an efficient and economical manner, with adequate controls in place? Is it reaching expected performance goals and targets? Is it duplicating activities performed by another agency or the private sector?

The review gave the OPD a clean bill of health, and JLARC recommended that the Legislature repeal the sunset and termination clauses and allow the OPD to continue without substantive modification.

Over the years, the Legislature has gradually increased the duties of OPD beyond the original intent which was to provide indigent appellate services. SB 6442 recognizes these additional programs and services, such as representation of parents at dependency and termination proceedings, improvement of public defense at the trial level, and training.

The legislation also modifies and defines the duties of the OPD Advisory Committee, and adds four additional members to the current 11-member committee – one representative each from the Washington State Association of Counties, the Association of Washington Cities, and the Washington Association of Prosecuting Attorneys; and one person appointed jointly by the Washington Defender Association and the Washington Association of Criminal Defense Lawyers.

OPD’s current membership consists of three appointed by the Supreme Court, one by the Court of Appeals, two by the Governor, four by the Legislature, and one by the Bar Association.

A House amendment to the bill removes two of the additional appointments to the OPD advisory committee – the appointment by the Washington Association of Prosecuting Attorneys and the joint appointment by the Defender and the Criminal Defense Lawyers Associations.

The Senate must approve the amendments made to the bill in the House, before it can move to Governor Gregoire’s desk for signing. The 2008 Session is scheduled to adjourn March 13.

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