HomeMy WebLinkAbout2278 A resolution setting forth the standards for delivery of
indigent defense services as required by the Second Substitute
Senate Bill No. 5960 (SSB No. 5960).
WHEREAS, SSB No. 5960, Chapter 409, Section 4, requires that
each city shall adopt standards for the delivery of indigent
defense services whether those services are provided by contract,
office of assigned counsel or a public defender office; and
WHEREAS, the City is required to adopt standards including the
following: ' compensation of counsel, duties and responsibilities
of counsel, caseload limits and types of cases, responsibility for
expert witness fees and other costs associated with representation,
administrative expenses, support services, reports of attorney
activity and vouchers, training, supervision, monitoring and
evaluation of attorneys or assignment of contracts, limitations on
private practice of contract attorneys, qualifications of
attorneys, disposition of client complaints, cause for termination
of contract or removal of attorney, and non-discrimination; now,
therefore,
BE IT RESOLVED by the City Council of the City of Bremerton:
That the following standards for the delivery of indigent
defense services are adopted:
(a) Compensation of counsel: Indigent defense attorneys and
staff should be compensated at a rate commensurate with
their responsibility, training and experience in handling
misdemeanor offenses.
(b) Duties and Responsibilities of Counsel: Legal
representation shall include, but not be limited to,
appearance and pre-trial discovery procedures, attendance
at pre-trial and motion calendars, chamber conferences,
trials and appeals to Superior Court from Bremerton
Municipal Court, for crimes punishable in Bremerton
Municipal Court. Indigent defense contracts shall
require that services be provided to all clients in a
professional and skilled manner, consistent with
Washington State Bar Association Rules of Professional
Conduct.
(c) Attorney Caseload: The caseload of indigent defense
attorneys should allow each lawyer to give each client
the time and effort necessary to ensure effective
representation. Indigent defense contracts shall specify
the number of attorneys available for defense work, based
on forty-five (45) cases per month for each attorney,
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although each attorney under contract need not spend an
equal proportion of time on contract defense. No
attorney or firm rendering indigent defense services
should accept private practice workloads that, due to
their excessive size, interfere with the rendering of
quality representation. This standard shall be reviewed
annually and adjusted to reflect changes in types of
offense, number of jury trials, and hours reported for
cases assigned.
(d) Expert Witness and Investigation Fees: Indigent defense
attorneys should make application to the Municipal Court
for the award of necessary expert witness fees which
shall be paid at cost when approved by the Court. The
attorney or firm holding contracts to provide
representation for indigent defendants should employ
interpreters necessary for adequate representation, which
shall be paid at cost when approved by the Court.
(e) Administrative Expenses, Support Services and other Costs
Associated with Representation: The indigent defense
contract shall provide a flat monthly fee for indigent
representation. The fee amount shall include all
expenses and costs incurred by the attorney or firm in
any court in which attorney represents a person pursuant
to the indigent defense contract with the City, including
administrative expenses and the costs for support
services, except as provided in (d).
(f) Reports of Attorney Activity: The indigent defense
attorney shall submit a monthly statement describing the
number and type of cases and the disposition of each
case. Information shall be recorded on disposition forms
provided by the Court Administrator, and information
provided by the attorney must include: client name, date
of assignment, cause number, charge(s), disposition of
case, date closed, whether trial was held, and
approximate time spent on each case. Case record
disposition forms shall be provided to the Court
Administrator.
(g) Attorney Qualifications and Training: In order to assure
that indigent defendants receive effective assistance of
counsel to which they are constitutionally entitled,
attorneys providing defender services shall satisfy the
minimum requirements for practicing law in Washington.
Additionally, contract attorneys should participate in
a minimum of seven (7) hours of Continuing Legal
Education in criminal law, criminal procedure, evidence
or trial advocacy each year. If the contract is with a
firm or office, the City may request the names and
experience levels of those attorneys who will actually
be providing those services to ensure they meet minimum
qualifications.
(h) Attorney Supervision and Evaluation: Attorneys with less
than five (5) years experience in general practice or two
(2) years full-service experience in criminal defense or
prosecution, should be monitored and evaluated on a
regular basis by a supervising attorney within the
contracting firm with this level of experience.
(i) Substitution of Attorneys or Assiqnment of Contracts:
Attorneys providing indigent defense services shall not
be required to accept appointments in which a conflict
~f interest exists as defined by the Rules of
Professional conduct promulgated by the Supreme Court of
the State of Washington. In the case of such conflict,
the attorney shall notify Bremerton Municipal Court by
written motion, as soon as possible after the
appointment, and the Bremerton Municipal Court shall
substitute such other attorney as may have contracted
with the City for conflict indigent defense
representation.
The attorney awarded an indigent defense contract shall
not assign any interest in the contract and shall not
transfer any interest without prior written agreement by
the City. The attorney shall not subcontract with
another firm or lawyer to provide representation. Any
cases which remain open at the termination of the
contract shall be completed by the attorney without
additional compensation. The attorney's obligation to
represent a defendant on an assigned case shall terminate
if the defendant fails to appear for any court procedure
and has not reappeared one month after a warrant has
issued, if followed by a written withdrawal.
(j) Disposition of Client Complaints: Complaints should
first be directed to the attorney, firm or agency which
provided representation. If the client feels that he or
she has not received an adequate response, the defendant
shall be provided with a complaint formby the contractor
to be filed with the Municipal Court Administrator. The
City shall evaluate the legitimacy of complaints and, if
possible, resolve the complaint. If the client feels
dissatisfied with the evaluation and response received,
he/she should be advised of the right to complain to the
Washington State Bar Association.
(k) Cause for Termination of Contract or Removal of Attorney:
Contracts for indigent defense services shall require a
showing of good cause for termination of the contract by
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the parties. The Court Administrator shall periodically
review indigent defense contracts to evaluate compliance
with these standards for services.
(1) Nondiscrimination: The attorney shall not discriminate
in providing defense services on the basis of sex, race,
color, creed, national origin, age, marital status,
physical, mental or sensory handicap.
(m) Award of Contract: Indigent defense contracts shall not
be awarded to any attorney, firm or attorney pool which
does not demonstrate an ability to meet these standards.
No employee of the City Attorney's Office or any law
ehforcement office shall participate in the selection of
an indigent defense contractor.
PASSED by the City Council of t City of Bremerton this
SPENCER HORNING
Council President
APPROVED this 13 day of November, 1989.
GENE LOBE, Mayor
ATTEST:
KATHLEEN L. MCCLUSKEY, Clerk