We all know that a defendant convicted of a crime has an absolute right to appeal his/ her conviction, but all too often there is confusion where the defendant had privately retained counsel but is now indigent and unable to afford the cost of appeal. The following procedures should assist retained counsel in perfecting the clients right to appeal.

Adobe PDF format	MS Word format
Motion and Certificate of Indigency	Motion and Certificate of Indigency
Order of Indigency	Order of Indigency
Notice of Appeal	Notice of Appeal

Following sentencing, counsel should file in the Superior Court a Motion and Certificate of Indigency signed by the client, an Order of Indigency and Notice of Appeal pursuant to RAP 15.2 and 5.1(a). Note that in an indigency appeal the notice of appeal should not be filed before the order of indigency is signed and filed, but in any event must be filed within 30 days of the entry of the judgment and sentence.

If trial counsel wishes to handle the appeal, simply enter your name in the order of indigency. With the order of indigency, counsel will be able to submit a cost bill pursuant to RAP 15.4(c) and be paid for their representation of the client on appeal. Note that the Office of Public Defense in Olympia has set fees for indigency appeals. You may contact OPD at (360) 956-2106.

If trial counsel does not wish to handle the appeal, find a lawyer who will handle the appeal and enter their name in the order of indigency. Submit the order to the trial judge for signature, file the order and provide copies to the prosecutor and the appellate attorney.

PLEASE DO NOT SIMPLY FILE A NOTICE OF APPEAL AND WALK AWAY FROM THE CASE!

Last Modified On: 1/31/2007