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AN ACT Relating to establishing a loan repayment program for 1
public defense attorneys and prosecutors; and adding new sections to 2
chapter 28B.77 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 28B.77 5
RCW to read as follows: 6
(1) Subject to the availability of amounts appropriated for this 7
specific purpose, a law school loan repayment program for public 8
defenders and prosecutors is established within the council and 9
administered by the office. 10
(2) The maximum repayment assistance a participant may receive 11
through the program is $20,000 per year up to a lifetime cap of 12
$120,000 per participant. Loan repayment assistance must be provided 13
on a quarterly basis payable after the participant has completed the 14
participant's service obligation for each quarter.15
(3) To qualify for the program, the applicant must be an attorney 16
licensed in Washington state and practicing full time in public 17
defense or as a prosecutor in Washington state. Full time for a 18
public defense attorney is defined as the equivalent of at least 80 19
percent of a public defender caseload standard endorsed by the 20
Washington state bar association. The office may exercise discretion 21
S-0011.4
SENATE BILL 5027
State of Washington 69th Legislature 2025 Regular Session
By Senators Torres, Dhingra, Dozier, Frame, Gildon, Harris, Hasegawa,
Holy, King, Krishnadasan, Liias, Nobles, Riccelli, Saldaña, Salomon,
Slatter, Trudeau, and Warnick
Prefiled 12/10/24. Read first time 01/13/25. Referred to Committee
on Higher Education & Workforce Development.
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in appropriate circumstances to allow participants who reduce their 1
working hours below this amount to remain in the program and make 2
adjustments to the participants' service obligation as long as they 3
remain engaged in public defense or prosecution. 4
(4) Participants in the program must make a commitment to 5
maintain employment or contract status for at least three years in 6
one or more qualifying positions providing full-time work as a public 7
defender or prosecuting attorney. The office may extend the time for 8
fulfillment of the three-year commitment period for good cause; 9
however, the office may only waive the requirement if family or 10
medical circumstances prevent the participant's continuing employment 11
as a public defender or prosecutor. The office shall require the 12
participant to immediately inform the office of a change in the 13
participant's qualifying employment and may require verification at 14
reasonable intervals. 15
(5) A participant must repay 100 percent of loan repayment funds 16
disbursed during any period in which it is later determined that the 17
participant did not maintain qualifying employment.18
(6) A participant who does not complete the three-year commitment 19
to maintain employment in one or more qualifying positions providing 20
full-time work as a public defender or prosecuting attorney, unless 21
excused wholly or partially from repayment by the office for good 22
cause, must repay: 23
(a) 75 percent of loan repayment funds received if the 24
participant has completed less than one year of the three-year 25
commitment; 26
(b) 50 percent of loan repayment funds received if the 27
participant has completed at least one year but less than two years 28
of the three-year commitment; and 29
(c) 25 percent of loan repayment funds received if the 30
participant has completed at least two years but less than three 31
years of the three-year commitment. 32
(7) The office may establish reasonable terms for repayment, 33
including charging a reasonable rate of interest commencing when the 34
repayment obligation is triggered or voluntarily assumed by the 35
participant. 36
(8) An individual may continue to participate in the law school 37
loan repayment program for public defenders and prosecutors after the 38
individual has fulfilled the three-year commitment to maintain 39
qualifying employment. 40
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(9) In the event that funding provided is insufficient to cover 1
all applicants, the office shall give priority to public defense 2
attorneys or prosecutors practicing in rural areas.3
(10) For the purpose of this section: 4
(a) Practicing in public defense includes attorneys who are court 5
appointed to represent indigent persons in criminal, juvenile 6
offender, and other case types where the constitutional or statutory 7
right to court appointment of counsel exists for indigent persons. 8
Applicants must be public defense attorneys, including supervisors 9
and trainers, and may be employees of: 10
(i) The state or units of local governments; 11
(ii) Nonprofit organizations that operate under contracts with 12
the state or units of local governments; or 13
(iii) Private law firms or solo practicing attorneys that 14
contract with the state or units of local governments to provide 15
public defense. 16
(b) Practicing as a prosecutor includes prosecuting attorneys 17
employed full time by city or county prosecuting attorney offices, 18
including supervisors and trainers, who handle either criminal cases, 19
juvenile offender cases, or other case types in which a 20
constitutional or statutory right to court-appointed counsel attaches 21
to the respondent. 22
NEW SECTION. Sec. 2. A new section is added to chapter 28B.77 23
RCW to read as follows: 24
(1) Any funds appropriated by the legislature for the law school 25
loan repayment program for public defenders and prosecutors, or any 26
other public or private funds intended for loan repayments or 27
scholarships under this program, must be placed in the account 28
created by this section. 29
(2) The law school loan repayment program for public defenders 30
and prosecutors account is created in the custody of the state 31
treasurer. All receipts from the program must be deposited into the 32
account. Expenditures from the account may be used only for the law 33
school loan repayment program for public defenders and prosecutors. 34
Only the office, or its designee, may authorize expenditures from the 35
account. The account is subject to allotment procedures under chapter 36
43.88 RCW, but an appropriation is not required for expenditures.37
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