HomeMy WebLinkAbout1843Resolution No. 1843
(Amending or Repealing Resolutions)
CFN = 122 -Police/Fire Departments
Passed -4/19/2011
Publ1c Defense Standards Resolution
RESOLUTION NO. ____;/_f-_/f._3 __
A RESOLUTION of the City Council of the
City of Kent, Washington, relatmg to public defense
standards for 1nd1gent defense services provided to
the City of Kent.
RECITALS
A. The c1ty of Kent prosecutes misdemeanor offenses that are
comm1tted by adults w1th1n the Kent City l1m1ts. The misdemeanor offenses
are f1led into the Kent Municipal Court.
B. In accordance with the 6th Amendment of the United States
Const1tut1on, and Article I, Sect1on 22 of the Washmgton Constitution,
persons charged with misdemeanors who are deemed indigent are ent1tled
to the effective assistance of counsel at the public expense.
C. Chapter 10.101 RCW establishes a process for determmmg
indigency, and requ1res that munic1palit1es adopt standards for the delivery
of cnminal defense services to the indigent.
D. The City currently contracts with a law firm located within the
city lim1ts of Kent for the provision of 1nd1gent defense serv1ces. In
addition, the City also contracts with a second f1rm to provide ind1gent
defense services 1n the event there IS a conflict of interest that prevents
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Resolution
the main f1rm from representing a defendant. The City's Human Serv1ces
Division manages the md1gent defense contracts.
E. The firms that the City currently contracts w1th dedicate a vast
majority of the1r pract1ces to the defense of indigent misdemeanant
defendants, and a maJonty of each f1rm's attorneys have extens1ve
expenence representmg misdemeanant defendants from arraignment
through appeal.
F. The City prides itself in providing all indigent defendants with
the highest quality public defense available at a reasonable cost to the
public. In furtherance of this effort, and in accordance w1th Chapter
10.101 RCW, the City adopts the followmg standards for the delivery of
public defense services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. -The following standards apply to all indigent defense
attorney serv1ces provided to the city of Kent.
Definitions
A. Attorney. As used in these standards, the term "attorney" shall
mean an attorney under contract With the City of Kent for the provision of
ind1gent defense serv1ces, and shall also mean the law f1rm for wh1ch the
attorney works. Therefore, these standards shall also apply to law f1rms
who are under contract with the City for the provision of indigent defense
serv1ces.
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Resolution
B. Defendant. The term "defendant" shall mean a person who has
been charged w1th a misdemeanor offense in the Kent Municipal Court, and
who is represented by an attorney as the term attorney IS defmed 1n these
standards.
Standard 1: Compensation
•• The City's contracts for publ1c defense services shall provide for payment at
a rate that is compet1t1ve for like serv1ces 1n the state of Washmgton and in
the South King County area in particular.
No contract for public defense services shall require the attorney to pay
any compensation to another attorney 1n the event the attorney is
disqualified from representing a defendant due to a conflict of mterest.
Standard 2: Duties and Responsibilities of Counsel
Attorneys shall provide serv1ces in a professional and skilled manner
consistent with the mm1mum standards of the Washmgton State Bar
Association, Washington's Rules of Professional Conduct, applicable case
law, the Const1tut1ons of the Umted States and Washington, and the court
rules that define the dut1es of counsel and the rights of defendants. At all
t1mes dunng the representation of a defendant, the attorney's pnmary
responsibility shall be to protect the mterests of the defendant.
Standard 3: Caseload Limits. TyPes of Cases. and Limitations on
Private Practice
Attorneys shall maintam a caseload such that he or she can provide each
and every defendant effective ass1stance of counsel as guaranteed by these
standards. The attorney shall be mindful of the number of open cases for
wh1ch he or she is counsel of record, the type or complexity of those cases
and any prospective cases, h1s or her expenence, the manner m wh1ch the
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Resolution
jurisdiction processes cases, and any private practice which he or she is
engaged m.
When contracting w1th an attorney, the City may, 1f appropriate, limit the
number of cases an attorney may handle. Such l1m1tation may be based
upon the expenence of the attorney, the trammg the attorney has
rece1ved, the complexity of the cases be1ng assigned the attorney, defense
serv1ces the attorney may provide to other muniCipalities, the scope and
extent of the attorney's pnvate practice, JUStified complamts that may have
been made agamst the attorney, and any other relevant factors.
Standard 4; Resoonsjbility for Expert Witnesses and Investigative
Services
Attorneys shall be free to retain experts and investigators of the attorney's
choosing, and may apply to the court for such serv1ces pursuant to
applicable court rules.
Standard 5; Administrative Expenses and Support Services
Any contract for the prov1s1on of md1gent defense services should provide
for or mclude administrative costs and support costs. Attorneys may use
qualified paralegal, secretanal, mvest1gat1ve, and other serv1ces as deemed
appropnate.
Attorneys shall maintain an off1ce that accommodates confidential
meetmgs with defendants, the receipt of mail, and serv1ce of process.
Attorneys shall ma1ntam adequate communication services, including but
not l1m1ted to, telephone and email, to prov1de for eff1c1ent commun1cat1on
w1th defendants, the court, and the City.
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Resolution
Standard 6: Reports of Attornev Activity
Attorneys shall mamtain a case reporting and case management
mformation system, and the attorneys shall prov1de reports to the City 1n a
form and at mcrements as agreed to by the City and the attorneys.
Attorneys shall not be required to comprom1se any attorney confidences
when provid1ng these reports.
Standard 7: Trajnjng
Attorneys must engage in regular training in the areas of criminal defense
law, criminal process, trial advocacy, legal writing, appellate work, law
pract1ce management, or any other subJect that, 1n the opm1on of the
attorney, is applicable to the work of 1nd1gent defense services.
Standard 8: Supervision. Monitoring and Eyaluatjon of Attorneys
Attorneys shall establish a system in which more semor attorneys regularly
rev1ew the work of more JUnior attorneys. The more semor attorneys shall
rev1ew the case outcomes, caseloads, and any other information deemed
appropnate, and shall regularly mon1tor the attorney's interactions w1th
defendants, case preparation, and m-court act1v1t1es of more junior
attorneys. Attorneys may seek mput from JUdges and other attorneys 1f
appropriate.
Standard 9: Substitution of Counsel and Assjgnment of Contracts
Attorneys shall not ass1gn a defendant to another law firm or subcontract
With another law firm Without f1rst obtaining the express wntten permission
of the City and shall remain directly mvolved 1n the representation of
assigned defendants.
Standard 10: Qualifications of Attorneys
Attorneys shall endeavor to prov1de the h1ghest quality indigent defense
services. At a m1n1mum, attorneys shall comply w1th the following: sat1sfy
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Resolution
the minimum qualifications to practice law as established by the
Washmgton Supreme Court; be fam11lar with the statutes, court rules, case
law and constitutional law applicable to misdemeanor criminal defense
work; be faml11ar w1th Washington's Rules of Professional Conduct; become
familiar w1th performance gu1delines for misdemeanor public defense if
adopted by the Washmgton State Bar Association; be familiar w1th the
consequences of any convtctton or ad]udicatton 1ncludmg but not ltmtted to
immtgration tmplications; and be famtltar wtth mental health and substance
abuse issues applicable to mtsdemeanant defendants.
Standard 11: Disposition of Defendant Complaints
Attorneys shall establish a process for responding to complaints made by
defendants. At a m1mmum, all complaints shall be revtewed by one or
more semor attorneys of the law firm. Complamts that are not resolved by
the attorney shall be dtrected by the attorney to the City's Housmg and
Human Serv1ces Dtvtslon, or may be directed to the Washtngton State Bar
AssoCiation.
Standard 12: Cause for Termination of Defender Services and
Removal of Attorney
Contracts wtth the attorney shall mclude grounds for termination. Such
grounds for termtnatton shall be based on good cause, whtch shall include,
but shall not be lim1ted to, the fatlure to provide effective assistance of
counsel, the disregard of the nghts and mterests of the defendant, and or a
Willful disregard for these standards.
Standard 13: Non-Discrimination
Attorneys shall not d1scnminate in the hiring of employees or the provision
of servtces pursuant to a contract wtth the City, and shall be requtred to
execute a certiftcatton of compliance with the City's policy regardmg
mtnority and women contractors.
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SECTION 2. -Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
mval1d for any reason, such dec1s1on shall not affect the val1d1ty of the
remainmg portions of th1s resolut1on.
SECnON 3. -Ratification. Any act consistent with the authority
and pnor to the effective date of th1s resolution IS hereby rat1f1ed and
affirmed.
SECTION 4. -Corrections by Citv Clerk or Code Rev1ser. Upon
approval of the City Attorney, the City Clerk and the code rev1ser are
authonzed to make necessary corrections to th1s resolution, mcludmg the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or resolut1on numbenng and
section/subsection numbenng.
SECTION 5. -Effect1ve Date. Th1s resolution shall take effect and
be in force Immediately upon 1ts passage.
PASSED at a regular open public meeting
City of Kent, Washington, this /9 day of
by the City Council of the
~ ,2011.
CONCURRED in by the Mayor of the City of Kent this !t:j day of
~A.. 'f_ , 2011.
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Resolution
ATTEST:
~.a.,~
BRENDA JACOBER, CI~RK
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........
APPROVED AS TO FORM:
~ru~k
TO BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
I ~¢J passed by the City Council of the City of Kent, Washington, the
11 day of ~ , 2011.
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Public Defense Standards
Resolution