Rule 3.1-Stds. Standards for Indigent Defense

Preamble

The Washington Supreme Court adopts the following standards to address certain basic elements of public defense practice related to the effective assistance of counsel. The Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/ CrRLJ 3.1/JuCR 9.2 references specific “Applicable Standards.” The “Applicable Standards” are those referenced in these court rules and when relevant, the Washington State Bar Association Standards for Indigent Defense Services. The court adopts these standards beyond those required for certification to address the issues identified in State v. A.N.J., 168 Wn.2d 91 (2010). The standards are applicable to individual attorneys and remain pertinent to contracts that defense attorneys negotiate and sign.1 To the extent that certain standards may refer to or be interpreted as referring to local governments, the court recognizes the authority of its rules is limited to attorneys and the courts. Local courts and clerks are encouraged to develop protocols for procedures for receiving and retaining certifications (see Certification of Compliance Instructions and Form at the end of these standards).