(1)
All powers, duties, and functions of the supreme court and the
administrative office of the courts pertaining to appellate
indigent defense are transferred to the office of public defense.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
supreme court or the administrative office of the courts
pertaining to the powers, functions, and duties transferred shall
be delivered to the custody of the office of public defense. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the supreme court or the
administrative office of the courts in carrying out the powers,
functions, and duties transferred shall be made available to the
office of public defense. All funds, credits, or other assets
held in connection with the powers, functions, and duties
transferred shall be assigned to the office of public defense.
(b) Any appropriations made to the supreme court or the
administrative office of the courts for carrying out the powers,
functions, and duties transferred shall, on June 6, 1996, be
transferred and credited to the office of public defense.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall
make a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the supreme court or the administrative
office of the courts engaged in performing the powers, functions,
and duties transferred are transferred to the jurisdiction of the
office of public defense. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the
office of public defense to perform their usual duties upon the
same terms as formerly, without any loss of rights, subject to
any action that may be appropriate thereafter in accordance with
the laws and rules governing state civil service.
(4) All rules and all pending business before the supreme
court or the administrative office of the courts pertaining to
the powers, functions, and duties transferred shall be continued
and acted upon by the office of public defense. All existing
contracts and obligations shall remain in full force and shall be
performed by the office of public defense.
(5) The transfer of the powers, duties, functions, and
personnel of the supreme court or the administrative office of
the courts shall not affect the validity of any act performed
before June 6, 1996.
(6) If apportionments of budgeted funds are required because
of the transfers directed by this section, the director of
financial management shall certify the apportionments to the
agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments
in funds and appropriation accounts and equipment records in
accordance with the certification.
(7) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
modified by action of the personnel board as provided by law.
[2005 c 282 § 12; 1996 c 221 § 6.]