City FAQs • Indigent Defense

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Indigent Defense

To be appointed a public defender, you must meet BOTH FINANCIAL ELIGIBILITY AND CASE ELIGIBILITY standards. Financial Eligibility To be appointed a public defender, you must be considered "indigent." The following circumstances meet Washington indigency standards pursuant to RCW 10.101:

You receive public assistance (temporary assistance for needy families, general assistance, poverty-relate veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, or supplemental security income); OR
You are involuntarily committed to a public mental health facility; OR
You receive an annual income, after taxes, of 125% or less of the current federally established poverty level; OR
You are unable to pay the anticipated cost of counsel for the matter before the court because the available funds are insufficient to pay any amount for the retention of counsel.
When you are screened for indigency, make sure to follow instructions and to bring any documents requested by the screening authority.

2. How do I apply for Public Defense?

Public Defenders are only appointed by a judge, in court, after a determination is made that you qualify for such an attorney. At your initial court date, called an arraignment hearing, you will have the opportunity to request a Public Defender. If you request a Public Defender at your arraignment, then the Judge/Court will provide you with a separate appointment date to apply for a Public Defender (usually this appointment is scheduled the next Wednesday following your arraignment hearing). This appointment will be located at front window of the Municipal Court Clerk’s Office. At the appointment, you will be required to complete an Indigent Screening Form provided by the court to determine whether you qualify for a Public Defender. The defendants must bring documentation their income.

The following illustrates the process:

Step 1: At your Arraignment, request a Public Defender to assist you on your criminal case. The Judge/Court will provide you with an Appointment to appear and apply for Public Defender.

Step 2: At your Appointment, the Court Clerk will require you to complete an Indigent Screening Form. Upon completing this Form, the Court Clerk will notify you whether you qualified for a Public Defender.

Step 3: If you qualify for a Public Defender, the Court Clerk will provide you with an information sheet called the Appointment of Counsel. The Appointment of Counsel provides the name and contact information of your Public Defender. More importantly, it provides your next mandatory court hearing. IMPORTANT NOTE: IF YOU DO NOT APPEAR AT THIS HEARING, A WARRANT WILL BE ISSUED FOR YOUR ARREST!

3. How do I contact my Public Defender?

When you were approved for a Public Defender, the Court Clerk should have provided you with your Defender’s Introductory Letter. The Defender’s Introductory Letter is a letter from your Public Defender providing detailed information on how to contact him/her. If you have lost your Defender’s Introductory Letter, you may click on your Defender’s name below for his/her Introductory Letter:

4. I have a warrant. What are my options?

You have the following five options when you have a warrant for your arrest:

Pay the warrant amount by either cash or bond. If you pay the warrant amount, then your warrant will be quashed and case will be rescheduled for another court hearing. You may post the warrant amount at the Municipal Court Clerk’s Office or Franklin County Jail.
Turn yourself into the jail. If you turn yourself into the jail, then the jail will bring you to court the next judicial day. Judicial days are Monday thru Friday except for holidays. If you turn yourself into the jail on Friday night, you will not be brought to court until Monday. Therefore, if you choose this option, it would be better to turn yourself in Monday thru Thursday.
Contact the Court Clerk by the Friday of the week in which the warrant was issued, If you contact the Municipal Court Clerk by Friday of the week in which the warrant was issued, then the Clerk, with some exceptions or limitations, is authorized by the Judge to quash the warrant and reschedule your court hearing. See Standing Order Authorizing the Court Clerk to recall a bench warrant (hyper link)
You can contact your attorney to discuss whether there are grounds to file a Motion & Order to Quash your warrant and reschedule court hearing. The following are some of the factors the court considers:

Reason you missed court (emergency related reasons are better than personal, family or work related reasons)
Length of time between when you missed your court date and when you contacted the court to try to take care of the warrant (the shorter time between when you missed your court and contacting the court is better)
Your past criminal and failures to appear (FTA) record (the fewer criminal convictions and fewer FTA’s the better)

5. You can do nothing and wait until you are arrested by law enforcement.

5. I don’t like my public defender. What can I do?

The court appoints public defenders on a rotational basis from a panel of attorneys. The defendant does not have a choice in who is appointed. If you do not like your public defender, you have the following options:

Call the Administrator, Raymond Hui, to help facility communication with your public defender. Phone # is 509-302-3001.
Ask the Judge to remove your public defender from your case. However, in doing so, will result in you defending yourself in the case (call representing yourself pro se).
Hire a private attorney to replace your public defender.
Ask the Judge to replace your public defender with a different public defender.

6. How do I file a complaint against my Court Appointed Attorney?

If you want to file a complaint about your Court Appointed Attorney, please call or email Office of Public Defense Administrator Raymond Hui at (509) 302-3001 or email indigentdefense@pasco-wa.gov.

Mr. Hui can help in filing your complaint.

See Instructions and Form below:

7. What are my rights when charged with a crime?: When you are arrested or charged with a Washington State crime you have many important rights. These rights are guaranteed by the United States Constitution, the Washington State Constitution, statute, case law, and court rule. Protecting these rights for you and all the citizens of Washington State is one of the fundamental jobs of the Office of Pubic Defense. Pasco Municipal Court uses this Statement of Rights Form.