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Home My WebLink About12/09/2025 09.A. Municipal Court Assignment of Lawyer and Indigency Screening Presentation • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.A. For Meeting of: December 9, 2025 ITEM TITLE: Municipal Court Assignment of Lawyer and Indigency Screening Presentation SUBMITTED BY: Judge Aryn Masters and Judge Troy Clements, Yakima Municipal Court SUMMARY EXPLANATION: An overview of the current law surrounding the appointment of court appointed counsel and the court's indigency screening process. ITEM BUDGETED: STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: ATTACHMENTS: Indigency Screening Form.pdf Indigency Screening Presentation.pdf 180 Yakima Municipal Court 200 S 3rd St Yakima, WA 98901 Public Defender Indigency Screening Form Phone:509-575-3050 https://www.yakimawa.gov City of Yakima vs. , Defendant AKA(s): Case Numbers. DOB: 0 CCN: Name Citation Number Address (Street) (City) (State) (Zip) 1. Check below any of the following types of assistance you receive: 0 Welfare i Poverty Related Veterans Benefits 0 Food Stamps r TemporaryAssistance for Needy Families SSI c Refugee Settlement Benefits 0 Medicaid 0 Other—Please Describe 0 General Assistance 2. Do you work or have a job?0 Yes 0 No If yes, occupation: Employer's name&phone number 3. Do you have a spouse or partner who lives with you?0 Yes 0 NoIf yes,Name: Occupation&Employer's Name 4. Do you and/or your spouse/partner receive unemployment, Social Security,a pension, or workers' compensation?0 Yes 0 No. If yes,please specify . Amount$ 5. Please complete all that applies: a.Monthly income from work(after deductions) b.Spouse or partner's monthly income from work(after deductions) c.Contribution from any person living w/you d.Interest,dividends, or other earnings e.Other income (specify)$ 6. Do you and/or your spouse/partner have children residing with you?0 Yes 0 No. If yes,how many? 7. Including yourself,how many people in your household do you support? 8. Do you own a home?0 Yes No. If yes, Value Amount owed 9. Do you own a vehicle(s)0 Yes No. If yes,year(s)and model(s) of vehicle(s) Value of vehicle(s) Amount owed on vehicle(s) 10. How much money do you have in checking/saving account(s) $ Stocks,bonds or other investments? 11. Other than routine living expenses such as rent,utilities,food,etc,do you have other expenses such as child support payments, court ordered fines or medical bills, etc?If so,describe: 12. Do you have money available to hire a private attorney?0 Yes 0 No. 13. Please read and sign the following: I understand the court may require verification of the information provided above. I agree to immediately report any change in my financial status to the court. 181 I certify under penalty of perjury under Washington State law that the above is true and correct. (Perjury is a criminal offense- see Chapter 9A.72 RCW) 0 ORDER APPOINTING COUNSEL I hereby appoint and the defendant has received contact information for Troy Lee&Associates —Hall&Gilliland 0 Rick Hernandez attorney(s) at law,to represent the above named defendant in the above listed criminal cause number(s). Dated: NON NEEI Address: Defendant's Signature : 4, Served on Defendant Email: Cell Phone: Home Phone: D I authorize courtesy text/email reminders of court dates 0 payment due dates. Message and data rates may apply. For Court Use Only—Determination of Indigency O Eligible for a public defender at no expense 0 Not eligible for a public defender O Eligible for a public defender but must contribute $ 0 Re-screen in future regarding change of income (e.g. defendant works seasonally) SIGN NINE Judge/Pro-Tem • Name: 182 Assignment of Lawyer and Indigency Screening Yakima Municipal Court 0 Judge Aryn Masters Judge Troy Clements 183 Ri ht to Assi nment of Lawyer� � Criminal Rules for Courts of Limited Jurisdiction (CrRLJ 3 . 1 ) Types of Proceedings The right to a lawyer shall extend to all criminal proceedings for offenses punishable by\• loss of liberty regardless of their denomination as felonies, misdemeanors, or otherwise. A i :. Stage of Proceedings The right to a lawyer shall accrue as soon as feasible after the defendant has been arrested, appears before a committing magistrate, or is formally charged, whichever ' f' p` occurs earliest. 0 Assignment of Lawyer Unless waived, a lawyer shall be provided to any person who is financially unable to obtain one without causing substantial hardship to the person or to the person's family. A lawyer shall not be denied to any person merely because his or her friends or relatives have resources adequate to retain a lawyer or because he or she has posted or is capable of posting bond. Ability to Pay The ability to pay part of the cost of a lawyer shall not preclude assignment. The assignment of a lawyer may be conditioned upon part payment pursuant to an established method of collection 184 What Is I enc ? � y Indigencyndi means being poor enough to be unable to afford basic necessities or N4k legal representation. airg P In the legal context, a person is considered indigent if they lack the financial means to pay for a lawyer without causing substantial hardship to the person or to 4Sia the person's family, and the court may appoint one for them at government expense. In Washington State, a person may be considered indigent (eligible for a court appointed lawyer) if their annual income is 125% or less of the federal poverty level, after taxes. 185 Indigency Standards • Temporary Assistance • Poverty-Related RCW 10. 101 .010(3)(a)-(c) provides for Needy Families Veterans' Benefits that a defendant is indigent if he or (TANF) • Food Stamps: she currently receives benefits from • Aged, Blind, or Disabled Supplemental Nutrition the following government programs: Assistance Assistance Program • Medical Care Services (SNAP) • Pregnant Woman • Refugee Resettlement Assistance Benefits Benefits • Medicaid • Supplemental Security Income 186 A person is also indigent if : Is involuntarily committed to public mental health facility. Has a net ( take - home ) income at or below 125 % of the federal poverty guidelines . Federal Poverty Guidelines Overview 125% of the Federal Poverty Guideline For a single individual: $18,825 The Federal Poverty For a family of two: $25, 550 Guidelines (FPG ) are used to determine eligibility for For a family of three: $32,275 various federal assistance For a family of four: $39,000 programs. These guidelines For a familyof five: $45,725 Pannually are updated and ' vary based on household For a family of six: $52,450 size. Here are the key For a family of seven: $59, 175 figures for 2025 : For a family of eight: $65,900 188 Indigency in Washington and the City of Yakima It is estimated that 80-90 percent of defendants in Washington are indigent and thus do I not have the ability to pay. (2018 Status Report on Public Defense in Washington State (2018)). ftft Between 17 to 22% of the population of the City of Yakima lives below the Federal Poverty level depending on the source. State average is 15%. 28 percent of Yakima County residents rely on SNAP — the highest percentage of any county statewide. (News release from the Office of the Governor, October 25, 2025). _. 35% of City of Yakima Households Asset I Limited, Income Constrained, Employed These households earn more than the Federal Poverty Level, but struggle with the rising costs of (ALICE). State average is 28%. household essentials. (Per www.Unitedforalice.org) 189 Determination of Indigency RCWIO . 1O1 . 020 Court must consider Court cannot consider: following factors: I I I II Anticipated length and Customary fees of an Any other circumstances A person's friends or , complexity of the attorney in the relevant to indigency - relatives' ability to retain The person's ability to proceedings community ex: seasonal work counsel post bonds 190 Levels of Indigency RCW 10 . 101 . 020 Indigent - Indigent and Able to Not Indigent - Contribute - Receives some form of public Makes too much money to Required to hire private assistance. receive public assistance but counsel. Attorney is appointed at public cannot afford private counsel expense. when factoring other considerations under rule. Legal Financial Obligations Court executes promissory likely forgiven at sentencing. note with payment terms set forth in writing. Requires sworn affidavit detailing income and assets. Requires Court monitoring and updating of indigency status 191 Current Indigency ScreeningProcess Information provided to the Court for the purpose of indigency screening is confidential and cannot be available for use by the prosecution. (RCW 10. 101 .020(3)). Therefore, financial screening cannot be addressed in courtroom on the record. Currently, the Court asks the defendant at his or her arraignment hearing if they have the ability to pay for their own attorney. If they say no, the Court will then appoint an attorney. At the conclusion of the case, the Court will make an inquiry into the defendant's ability to pay and will assess fines, costs and assessments as appropriate in accordance with the law. 192 IndigencyScreeningand Verification Methods ► Washington's indigency statute does not require that the financial information reported by applicants always be verified, but rather establishes that it is "subject to verification. " RCW 10. 101 .020(6). ► In addition, statewide court rules require that any information given to assist in the determination of whether a person is financially able to obtain a lawyer shall be under oath. CrRLJ 3. 1 (d)(3). ► Washington courts or their designated screeners use various approaches to substantiate an applicant's financial status and determine whether he or she is eligible for public defense services. ► The costs to thoroughly screen defendants for indigency can be substantial. While verification is not mandatory, the indigency statute and court rules authorize the trial courts or their designated screeners to require certain documentation or otherwise take steps to verify an applicant's financial status. Many courts around the state say that they would like to pursue greater verification, but report that they have inadequate staffing and other resources to do so. 193 Screening via form vs . Current Process YEAR *TOTAL CASES FILED **NEW CAA PRIVATE CASES ASSIGNMENTS (Total Cases Filed - New CAA Assignments) 2021 3,039 2,720 I "a 2022 2,931 2,510 421 2023 3, 134 2,849 285 —MEI 2024 3, 176 2,860 316 2025 (Thru September) 2,467 2, 164 303 * Total Cases filed per Washington State Courts website. ** Court Appointed Attorney (CM) assignment numbers provided from audit reports filed with City Managers Office. Does not include probation petitions assigned to CAAs as these are not considered "new" filings. Court switched from using Indigency Screening Form to Current Process in February 2023. 194 In - Depth Indigency Screening (Written Application ) P. In-Custody Defendants: Have the defendants complete the form with the attorney that is in court at arraignments. 1. Out-of-Custody Defendants: Send the indigency screening form with the summons for arraignment. Proof of indigency in form of supporting documents must brought to court if requesting court appointed counsel. 1. In-custody defendants will be unable to provide proof unless they bail out. If they do bail out, supporting documents will be required at next court date. Have defendants have indigency verified by Court Clerk prior to arraignment hearing - ie: if hearing starts at 10:30 am, the window for screening can open at 9:30 am. Barriers To Formal Indigency Screening Increased costs and lack of available • The Court would need cashier to operate window to staffing resources: The Court does not free up a Judicial Specialist to screen applications have the current staffing to process and screen such requests. and monitor indigency statuses. • Put the defendant in jail? • Require they represent themselves? Creates an issue if they do not want to If defendant states they are indigent, waive their right to counsel. but does not provide court with the • Slows down processing of cases. required proof, what is the remedy? • In-custody defendants have a right to a speedy trial within 60 days of their arraignment • out-of-custody defendants have a right to a speedy trial within 90 days of their arraignment. If defendant determined to be indigent but able to contribute, the Court must have defendant sign promissory note. This would require ongoing financial monitoring and signed affidavits. 196 E. Questions \\\ 197