Appointed counsel—Compensation.
(1) The county where the person is detained shall administer appointed counsel under this chapter, regardless of the person's county of origin. Reimbursement for the costs of such representation is specified under RCW 71.05.730. The county shall provide counsel:
(a) Directly;
(b) By contracting for that representation; or
(c) When an individual is detained at a state facility, by submitting a request to the health care authority to contract for such counsel with the office of public defense on the county's behalf under chapter 2.70 RCW.
(2) The health care authority shall notify the county within 30 days of receiving notice from the office of public defense that appointed counsel cannot be provided by the office of public defense under subsection (1)(c) of this section. Upon such notice, the county shall provide appointed counsel pursuant to subsection (1)(a) or (b) of this section.
(3) Attorneys appointed for persons pursuant to this chapter shall be compensated for their services as follows: (a) The person for whom an attorney is appointed shall, if he or she is financially able pursuant to standards as to financial capability and indigency set by the superior court of the county in which the proceeding is held, bear the costs of such legal services; (b) if such person is indigent pursuant to such standards, the behavioral health administrative services organization shall reimburse the county in which the proceeding is held for the direct costs of such legal services except when the office of public defense is providing counsel under subsection (1)(c) of this section, as provided in RCW 71.05.730.
(4) This section supersedes any local ordinance, charter, or rule.
[ 2025 c 226 s 3; 2019 c 325 s 3005; 2014 c 225 s 83; 2011 c 343 s 5; 1997 c 112 s 7; 1973 1st ex.s. c 142 s 16.]
NOTES:
Effective date—2025 c 226: See note following RCW 71.05.020.
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Intent—Effective date—2011 c 343: See notes following RCW 71.05.730.