Pursuant to the decision in State v. Punsalan, 156 Wash.2d 875, 133 P.3d 934 (2006), Benton County OPD provides funding for investigators, experts and other justifiable professional services necessary for the defense of a criminal case with privately retained defense counsel, when the defendant is able to show that he/she is not able to afford the cost of such professional services.
If you are a lawyer representing a defendant on a criminal case on a privately retained basis and believe that funding for an investigator, expert(s) or other professional services meets the criteria in State v. Punsalan as well as CrR 3.1(f) then please follow these instructions for requesting such funding.
Step 1: Screen for Eligibility
Please have your client completely fill out and sign an Indigency Screening Application.
The completed original form will need to be mailed or directly brought into the Benton County OPD office.
Benton County Office of Public Defense
7122 W Okanogan Pl, Ste #A220
Kennewick, WA 99336
Important: Please DO NOT send Indigency Screening Applications on these types of cases directly to the court and/or when requesting approval for funding by way of motion and order with the court. If your client's application is denied by Benton County OPD, then you may appeal to the Superior Court on an ex parte hearing basis.
Step 2: Request Funding Approval
Benton County OPD utilizes an email pre-authorization process that complies with CrR 3.1(f)(2). This means that with the exception of bona fide emergency circumstances, all services must be pre-authorized.
Pre-Authorization funding request: OPD Funding Request (jotform.com) A follow-up email will be sent approving/declining your request.
Investigative services requests will need to be assigned to one of Benton County OPD's contract investigative services agencies (located on the funding request form), please provide some details on the scope of investigation request.
For expert services, Benton County OPD reserves the right to impose funding limitations. To minimize travel expenses, Benton County OPD's general policy is to approve only in-state experts unless one is not available.
As a government agency, Benton County OPD is legally prohibited from paying any compensation in advance.
Step 3: Claim Compensation
Important: Services MUST be completed before a Claim for Compensation is submitted and compensation is paid.
Once services have been provided, complete a Claim for Compensation form.
Email the following to: opdclaims@co.benton.wa.us
- Claim for Compensation
- Dated and uniquely numbered invoice
- Copy of email authorization
- Note: The above can be combined in one pdf form.