LCR 98.50 Sexually Violent Predator—Office of Public Defense.

A lawyer for a respondent alleged to be or adjudicated as a sexually violent predator and who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense in the case may request them by a motion to the court. Requests and approval for said services are delegated to the King County Office of the Public Defender (OPD), so long as OPD is contracted with the Department of Social and Health Services to provide administrative services, including reviewing requests for investigation, expert or other services. A decision by OPD is subject to de novo review by the assigned trial judge. If the assigned trial judge disqualifies him or herself on the motion for expert services, the judge will refer the motion to the Chief Civil Judge.

Upon finding that the services are necessary and the respondent is financially unable to obtain them, the Office of Public Defense or the court shall authorize the services. The motion may be made ex parte, and, upon a showing of good cause, the moving papers may be ordered sealed by the court, and shall remain sealed until further order of the court. The provisions of LCrR 3.1(f) apply. Respondent shall provide a copy of the motion to seal and proposed order to the petitioner.

Nothing in this rule limits requirements for the timely disclosure or experts intended to be called by the respondent at trial.

[Adopted effective September 1, 2008]