Rules and Forms for Indigency Screening

Washington State Poverty Guidelines

The U.S. Department of Health and Human Services publishes an annual update of the federal poverty guidelines. RCW 10.101.010(3) provides one definition of indigency as, “Receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.”

2024 Federal Poverty Guidelines [PDF]

Court Indigency Screening

OPD, pursuant to RCW 10.101.020 (6), has developed a sample Indigency Screening Form for use by the local trial courts or courts' designee in the determination of indigency. The sample form below has been updated to reflect recent changes in the law.

Trial Level- Sample Indigency Screening Form (2013) [PDF]

Trial Level- Sample Indigency Screening Form (2013) [DOC]

Trial Level- Sample Indigency Screening Form (2013)- Spanish [PDF]

Trial Level- Sample Indigency Screening Form (2013)- Spanish [DOC]

Cost to Retain Private Counsel (2020)

In reviewing whether a person is indigent and eligible for public defense services, courts and indigency screeners are to consider, among other things, the usual and customary charges of an attorney in the community for rendering services; RCW 10.101.020 (2). Based on a 2020 survey of private criminal defense attorneys, OPD provides statewide average private fee information as a tool for courts/screeners who may not have collected private fee information specific to their community.

Misdemeanor Private Representation Fees [PDF]

Felony Private Representation Fees [PDF]

Criteria and Standards for Determining and Verifying Indigency

The enabling statute for the Washington State Office of Public Defense (OPD) requires the agency to periodically report to the Legislature on the criteria and process for determining whether a person is indigent and eligible for a public defense attorney.

2014 Report [PDF]

2007 Update [PDF]

2001 Report [PDF]

Statutes and Court Rules related to Indigency Screening