Revised Code of Washington

Wash. Rev. Code § 36.26.090 (2026)

Appointment of attorney other than public defender

✓ current as of May 2026
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For good cause shown, or in any case involving a crime of widespread notoriety, the court may, upon its own motion or upon application of either the public defender or of the indigent accused, appoint an attorney other than the public defender to represent the accused at any stage of the proceedings or on appeal: PROVIDED, That the public defender may represent an accused, not an indigent, in any case of public notoriety where the court may find that adequate retained counsel is not available. The court shall award, and the county in which the offense is alleged to have been committed shall pay, such attorney reasonable compensation and reimbursement for any expenses reasonably and necessarily incurred in the presentation of the accused's defense or appeal, in accordance with RCW 4.88.330.
[ 1984 c 76 s 19; 1983 c 3 s 76; 1969 c 94 s 9.]
Notes of Decisions
Cited in 3 cases, 1995–2006 · leading case: State v. Perala, 132 Wash. App. 98 (Wash. Ct. App. 2006).
State v. Perala, 132 Wash. App. 98 (Wash. Ct. App. 2006). · cites it 7× “This provision further provides that: The court shall award, and the county in which the offense is alleged to have been committed shall pay, such attorney reasonable compensation and reimbursement for any expenses reasonably and necessarily incurred in the presentation of the…”
In Re Dependency of Grove, 897 P.2d 1252 (Wash. 1995). · cites it 2× “Moreover, the Legislature has expressly distinguished "any stage of the proceedings" from "appeal" in another statute having to do with appointed counsel for indigents.”
State v. Perala, 130 P.3d 852 (Wash. Ct. App. 2006). · cites it 8× “090 also permits a trial court on its own motion, and for good cause *861 shown, to appoint an attorney who is not a public defender to represent an indigent accused at any stage of criminal proceedings and on appeal. This provision further provides that: The court shall award,…”
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