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HomeMy WebLinkAbout1219RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding public defense, establishing standards for public defense services. WHEREAS, the 1989 Legislature {SSSB 5960) required every city to adopt standards for the delivery of public defense services; and WHEREAS, such standards have been considered and recommended by the Council Public Safety Committee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In compliance with the requirements of the 1989 Legislature {SSSB 5960) standards for public defense services as set forth in Exhibit A and attached hereto by this reference herein are hereby adopted. Passed at a regular City of Kent, Washington this ~Concurred in by the day of J""--17-v--, 1989. ATTEST: MARIE JENSEN, meeting of ~y council of the ~day of 1989. ? Mayor of the City of Kent, this \~'L '\.\..__.\,._ -- DAN KELLEHER, MAYOR I hereby certify that this is a true and correct Resolution,No. /~/~_'passed~-city council of the Kent, Wash1ngton, the 7 day of ~~~ , 1989. copy of City of ~ ~ (SEAL) _______, '~ MARIE JE~LERK 7680-270 - 2 - STANDARDS FOR PUBLIC DEFENSE 1. COMPENSATION OF COUNSEL Public defense counsel should be compensated at a rate commensurate with their training and experience. 2. DUTIES AND RESPONSIBILITIES OF COUNSEL In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, public defense attorneys shall represent their clients in accordance with the Rules of Professional Conduct. 3. CASE LOAD LIMITS AND TYPES OF CASES Case load of the public defense attorneys should allow each lawyer to give his or her client the time and effort necessary to ensure effective representation. 4. RESPONSIBILITY FOR EXPERT WITNESS FEES AND OTHER COSTS ASSOCIATED WITH REPRESENTATION Fees for expert witnesses and other costs associated with representation shall be governed by applicable statutes and court rules. Such costs include breathalyzer/BAC machine expert witnesses and the costs of blood-alcohol tests. 5. ADMINISTRATIVE EXPENSES AND SUPPORT SERVICES Staff for provision of administration and support services should be compensated at a rate commensurate with their training and experience. Adequate numbers of support staff should be employed by the public defense attorneys to ensure effective representation of counsel. 6. REPORTS OF ATTORNEY ACTIVITY AND VOUCHERS The defense attorney or his or her firm shall submit monthly vouchers to the City for payment. In addition, a monthly report should also be submitted listing all cases assigned for the previous month. 7. TRAINING, SUPERVISION, MONITORING AND EVALUATION OF ATTORNEYS All attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum of seven (7) hours of continuing legal education on criminal law and trial practice. Law firms that provide public defense services shall develop and use internal supervision, monitoring and evaluation standards including a procedure to educate public defense attorneys on the rules, procedures and practice of the courts before which they appear. 8. SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACT The law firm or attorney providing public defense services shall not subcontract with another firm or attorney to provide representation without the prior written consent of the City and should remain directly involved in the provision of representation. The Court shall appoint qualified attorneys to represent indigent defendants whenever the public defense attorneys have a conflict of interest as determined by the Rules of Professional Conduct. 9. LIMITATIONS ON PRIVATE PRACTICE OF CONTRACT ATTORNEYS Attorneys who provide public defense services shall limit any private practice responsibility as necessary to ensure effective representation of public defense clients. - 2 - 10. QUALIFICATIONS OF ATTORNEYS All attorneys providing public defense must meet the minimum requirements for practicing law in Washington pursuant to accepted professional standards. Contracts will only be awarded to attorneys who have at least one year criminal trial experience or to a firm where at least one attorney has one year criminal trial experience. Use of legal interns must be approved in advance by the City. Such interns must meet the requirements set out by Court rules and receive adequate training and supervision by the public defense attorney or law firm. 11. DISPOSITION OF CLIENT COMPLAINT The public defense attorney or law firm shall develop and implement a mechanism for a fair review process and prompt response to each complaint received about public defense services. 12. CAUSE FOR TERMINATION OF CONTRACT OR REMOVAL OF ATTORNEY Contracts for the defense services shall include grounds for termination of a contract by the parties. At a minimum, violation of the rules of professional conduct by the public defense attorney or firm related to representation of indigent clients shall constitute sufficient cause for termination of a public defense contract or removal of an attorney. 13. NON-DISCRIMINATION Public defense attorney or firm contracting with the City for public defense services shall not discriminate in their employment practices on the basis of race, creed, color, age, religion, sex or sensory, mental or physical handicap. The attorneys or law firm shall comply with all federal, state and local laws related to non-discrimination. 5547L-09L - 3 - OFFICE OF THE CITY ATTORNEY DATE: October 25, 1989 TO: Kent City Council Sandra Driscoll, City Attorney PUBLIC DEFENSE STANDARDS The 1989 Legislature required every city to adopt standards for the delivery of public defense services. Attached are proposed standards to be used in the delivery of such services. Each item is specifically required to be set out by the legislation. The standards were drafted after consulting those endorsed by the Washington State Bar Association for the provision of public defense services, standards proposed by the Washington Defender Association, and standards proposed by other suburban cities. 5623L-5L