What Is Indigency?

In Washington State, a person may be considered indigent (eligible for a public defender) if their annual income is 125% or less of the federal poverty level, after taxes.

Read RCW 10.101.010(3)

2025 Federal Poverty Guidelines

The U.S. Department of Health and Human Services updates these guidelines every year.  Download 2025 Guidelines

Court Indigency Screening Forms

Pursuant to RCW 10.101.020 (6), Washington’s Office of Public Defense (OPD) has created sample forms for courts to use when deciding if someone qualifies as indigent.

English Versions

• Indigency Screening Form
• Indigency Screening Form

Spanish Versions

• Formulario de Evaluación de Indigencia
• Formulario de Evaluación de Indigencia

Updated to reflect changes in the law.
 

Private Attorney Fee Reference (2020)

Courts may consider the typical cost of hiring a private defense attorney. OPD provides statewide average fees:

• Misdemeanor Defense Fees
• Felony Defense Fees

See RCW 10.101.020(2) for more on indigency determination.
 

Reports on Indigency Criteria

OPD periodically reports to the Legislature on how indigency is defined and verified:

• 2014 Report
• 2007 Update
• 2001 Report
   

Laws and Rules on Indigency

Here are key state laws and court rules related to indigency and the right to counsel:

Revised Code of Washington (RCW)

• RCW 10.101 – Definitions
• RCW 10.101.020 – Determining Indigency
• RCW 10.73.150 – Appeals Counsel
• RCW 13.34.090 – Dependency Cases
• RCW 71.05.360 – Involuntary Treatment
• RCW 71.09.040 - SVP Petitions-Probable Cause Hearings

Court Rules

• CrR 3.1 – Right to Lawyer (Superior Court)
• CrRLJ 3.1 – Right to Lawyer (Courts of Limited Jurisdiction)
• JuCR 9.2 – Juvenile Right to Counsel
• RAP 15.2 – Indigency in Appeals