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Home My WebLink About5089 ORDINANCE NO. 5 0 ~q AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting standards for the delivery of public defense services. WHEREAS, RCW 10.101.030 requires the City of Bremerton ("City") to adopt standards for the delivery of public defense services; and WHEREAS, the City Council desires to adopt public defense service standards which reflect the needs of the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY QF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Adoption. To ensure that indigent criminal defendants receive high-quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel, the City hereby adopts the following standards for such services. SECTION 2. Duties and Responsibilities of Counsel. The legal representation shall be provided pursuant to a contract between the City and the Public Defender. It shall require that defense services be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. SECTION 3. Caseload Limits and Types of Cases. The caseload negotiated with the City's Public Defender must allow each client the time 'and effort necessary to ensure effective representation. Caseload limits should be determined by the number and type of cases being accepted and on the prosecutor's charging and plea bargaining practices. The City shall ensure that the Public Defender shall not be required to accept more cases than can be reasonably managed. SECTION 4. Compensation. The City's Public Defender compensation shall be established through negotiation of a contract for defender services. The compensation package should reflect the customary compensation of the community for similar services rendered by other 'publicly paid attorneys to a public client. The City shall consider training, experience, and the nature and extent of services requested and the time and labor required of the attorney undertaking defender services. SECTION 5. Support Services. Contracts for public defender services should include the support services associated with legal representation, including, but not limited to, secretarial and office support, paralegals, mental health services, social services and investigators. 1 Standards for Delivery of Public Defense Services SECTION 6. Reports of Attorney Activitv and Vouchers. The contract between the City and the Public Defender shall require that the defense attorney or office maintain a case reporting and management information system which includes number and type of cases, attorney hours and disposition. This information shall be provided regularly to the City and shall also be made available to the Office of the Administrator of the Courts. Any such system shall be maintained independently from client files so as to disclose no personal information. SECTION 7. Training. Attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes. SECTION 8. Monitoring and Evaluation of Attorneys. The plan for public defense services should establish a procedure for systematic monitoring and evaluation of attorney performance based upon published criteria. Supervision and evaluation efforts should include review of time and caseload records, review and inspection of transcripts, in-court observations and periodic conferences. SECTION 9. Substitution of Attorneys or Assignment of Contract. The attorney engaged by the City to provide public defense services should not subcontract with another firm or attorney to provide representation and should remain directly involved in the provision of representation. If the contract is with a firm or office, the City should request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement. SECTION 10. Qualifications of Attorneys. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services should meet the following minimum: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and B. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. SECTION 11. Disposition of Client Complaints. The contract between the City and the Public Defender shall include a method to respond promptly to 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 City shall designate a person or agency to evaluate the legitimacy of complaints and to follow up meritorious ones. The complaining client should be informed as to the disposition of his or her complai:t:lt within one week. SECTION 12. Nondiscrimination. Neither the City, in its selection of an attorney, firm or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of 2 Standards for Delivery of Public Defense Services race, color, religion, national origin, age, marital status, sex, sexual orientation or handicap. Both the City and the contractor shall comply with all federal, state and local nondiscrimination requirements. SECTION 13. Guidelines for Awarding Defense Contracts. The City should award contracts for public defender services only after determining that the attorney or firm chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards. SECTION 14. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 15. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the /6d;/u day of ~~.A ) ,2009 Z;:;;/!1 tr~.4~ CECIL McCO ELL, Council President Approved this /tdItJ dayof.x1...t ,cn~ /~ .i ) ,2009 ATTEST: APPROVED AS TO FORM: GER A. LUBOVICH, City Attorney PUBLISHED the ~ I d.~ day of vi, ~t.~..I-bU EFFECTIVE the /-...4..& day of LfJf ;t-H~ ORDINANCE NO. .508'1 ,2009 ,2009 R:\Legal\Legal\Ordinances\legal\Standards for Delivery of Public Defense Services. doc 3 Standards for Delivery of Public Defense Services AFFIDAVIT OF PUBLICATION Account # 42742 AD# 253045 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kit sap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A September 21, 2009 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoin~ ublication is the sum of$34.74. This amount has not been paid in full. / \ . , , (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 28,2009. ,~ Notary Public in and for the State of Washington, Kitsap County. " ORDINANCE NO. 5089 AN ORDINANCE of the City Council of the City of Bremer ton, Washington, adopting standards for the delivery of public defense services. PASSED by the City Council the 16th day of September, 2009 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. September 21, 2009..................AD #20092267 ~\\\\Ill1l1 j '/ i '/ ",,\\ S2A Tit 1;'11", "", ... to ......... ;f(~ ~ ,. ~ .' '. "7. ~ f .....~\'''O, ':;"'':?.I- '\ $:" ~\, i f Cj .OrA.}' ,.\ .. =: ~ i" = : , ~ ...\ ~1I'L\t I~ ~""~'..g,~ ~ \.~~':.~ OS ",,^~...,~ ~,~ '.. 'IIf}t1..~.:"III ~.,. 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