The proposed rules provide minimal standards to be satisfied before a judicial officer may appoint an attorney to render services to an indigent person. These standards are contained in the Standards for Indigent Defense Services as endorsed by the Washington State Bar Association.

In a Seattle Times opinion column, Justice Sanders argues that a public defender's high caseload, minimal support staff, low compensation and other factors can result in a violation of a defendant's constitutional right to effective counsel.

Although this is a national problem, here in Washington it is particularly acute since our state constitution in Article I, Section I, plainly states it is the very purpose of our government to "protect and maintain individual rights."

When judges appoint lawyers who can't get the job done, the fundamental purpose of our government is defeated. Unfortunately, our Supreme Court has set no standards to guide the trial court in making these appointments other than he or she be a lawyer.

The comment period for the proposed rules is open until April 30, 2009.

Proposed Rules Published for Comment in May 2009

Admission to Practice Rules (APR)

• 15 - Lawyers' Fund for Client Protection

• 15 Procedural Rules - Lawyers' Fund for Client Protection Procedural Rules

Rules for Enforcement of Lawyer Conduct (ELC)

• 15.4 - Trust Account Overdraft Notification

• 15.7 - Trust Accounts And The Legal Foundation Of Washington

(ELPOC)

• 15.4 - Trust Account Overdraft Notification

Rules of Professional Conduct (RPC)

• 1.15A - Safeguarding Property

Rules for Enforcement of Lawyer Conduct (ELC)

• Title15 - ELC Title15

Proposed Rules Published for Comment in January 2010

General Rules (GR)

• 34 - Waiver of Court and Clerk's Fees and Charges in Civil Matters on the Basis of Indigency