Loading...
HomeMy WebLinkAbout3221 RESOLUTION NO. 3221 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting standards for the delivery of public defense services. WHEREAS, the City of Bremerton prosecutes misdemeanor offenses that are committed by adults within the Bremerton city limits, and the misdemeanor offenses are filed in the Bremerton Municipal Court; and WHEREAS, pursuant to the 6 Amendment of the United States Constitution, and Article 1, Section 22 of the Washington State Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense; and WHEREAS, RCW 10.101.030 requires the City of Bremerton ( "City ") to adopt standards for the delivery of public defense services; and WHEREAS, the Washington State Bar Associations and Washington State Supreme Court have established guidelines for standards for indigent defense; and WHEREAS, the City Council adopted public defense service standards pursuant to Resolution No. 3189; and WHEREAS, the City Council now desires to adopt new public defense service standards, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Repealed. Resolution No. 3189 is hereby repealed. SECTION2. 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. STANDARD 1. 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. 1 Standards for Delivery of Public Defense (2014) STANDARD 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, Washington's Rules of Professional Conduct, the constitutions of the United States and the State of Washington, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. STANDARD 3. Caseload Limits and Types of Cases. The City's contract for public defense services shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. The caseload negotiated with the City's Public Defender must allow each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. "Quality representation" is intended to describe the minimum level of attention, care and skill that Washington citizens would expect of their state's criminal justice system. 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 not be required to accept more cases than can be reasonably managed. STANDARD 4. Responsibility for Expert Witness Services. The City's contract for public defense services should provide reasonable compensation for expert witnesses when necessary. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees should be made through an ex parte motion. The defense should be free to retain the expert of its choosing and in no cases should be forced to select experts from a list pre- approved by either the court or the prosecution. STANDARD 5. Administrative Costs. Contracts for public defender services should include the administrative costs associated with legal representation, including, but not limited to travel, telephones, law library including electronic legal research, financial accounting, case management systems, computer and software, office space and supplies, training and meeting the reporting requirements imposed by these standards, and any other costs necessarily incurred in the day -to -day management of the contract. Public defense shall have adequate office space for confidential meetings with client and telephone services to ensure prompt response to client contact. STANDARD 6. Investigators. Public defense attorneys shall use investigation services as appropriate and shall employ investigators with investigation training and experience. A minimum of one investigator should be employed for every four attorneys. The City's contract for public defense services shall provide reasonable compensation for investigation services when necessary. 2 Standards for Delivery of Public Defense (2014) STANDARD 7. Support Services. Public defense attorneys shall have adequate access to support staff and services as follows: (a) At least one full -time legal assistant should be employed for every four attorneys. Fewer legal assistants may be necessary, however, if the agency or attorney has access to word processing staff or other additional staff performing clerical work. Public defenders should have a combination of technology and personnel that will meet their needs. (b) Social work staff should be available to assist in developing release, treatment, and dispositional alternatives. (c) Each agency or attorney should have access to mental health professionals to perform mental health evaluations. (d) Investigation staff should be available as provided in Standard 6 at a ratio of one investigator for every four attorneys. (e) Each agency or attorney providing public defense services should have access to adequate and competent interpreters to facilitate communication with non - English speaking and hearing- impaired clients for attorneys, investigators, social workers, and administrative staff. STANDARD 8. Reports of Attorney ActivitL 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. STANDARD 9. Training. Attorneys providing public defense services shall 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. STANDARD 10. Supervision. Each firm providing public defense services to the City should provide one full -time supervisor for every ten staff lawyers or one half -time supervisor for every five lawyers. Supervisors should be chosen from among those lawyers in the office qualified under these guidelines to try Class A felonies. Supervisors should serve on a rotating basis, and except when supervising fewer than ten lawyers, should no carry caseloads. STANDARD 11. Monitoring and Evaluation of Attorneys. Attorneys will 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. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers or as dependency or civil commitment advocates. STANDARD 12. Substitution of Attorneys or Assignment of Contract. Attorneys should remain directly involved in the provision of representation and shall not subcontract with another firm or attorney to provide representation without first obtaining the express written permission of the City. If the contract is with a firm or office, the City should request the names and 3 Standards for Delivery of Public Defense (2014) 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. Alternate or conflict counsel shall be available for substitution in conflict situations at no cost to the counsel declaring the conflict. STANDARD 13. Limitation on Private Practice. Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full -time caseload which the public defense cases represent. STANDARD 14. Qualifications of Attorneys. Attorneys providing defense services shall meet the following minimum professional qualifications: (a) Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and (b) Be familiar with the statues, courts rules, constitutional provisions, and case law relevant to their practice area: and (c) Be familiar with the Washington Rules of Professional Conduct; and (d) Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association; and (e) Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and (f) Be familiar with mental health issues and be able to identify the need to obtain expert services; and (g) Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice: and (h) Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall also: (1) Have files a brief with the Washington Supreme Court or any Washington Court of Appeals in at least once criminal case within the past two years; or (2) Have equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work. STANDARD 15. 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 complaint within one week. STANDARD 16. Cause for Termination of Defender Services and Removal of Attorney The City's contract for indigent defense services shall include the grounds for termination of the contract by the parties. Termination of a contract should only be for good cause. Termination 4 Standards for Delivery of Public Defense (2014) for good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. Removal by the court of counsel from representation normally should not occur over the objection of the attorney and the client. STANDARD 17. 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 race, color, religion, national origin, age, marital status, gender, sexual orientation or disability. Both the City and the contractor shall comply with all federal, state and local nondiscrimination requirements. STANDARD 18. Guidelines for Awarding Defense Contracts. The City shall 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. Contracts should only be awarded to: (a) Attorneys who have at least one year's criminal trial experience in the jurisdiction covered by the contract (i.e., City and District Courts, Superior Court or Juvenile Court:, or (b) A firm where at least one attorney has one year's trial experience. City attorneys, county prosecutors, and law enforcement officers should not select the attorneys who will provide indigent defense services. SECTION 3. Severabiliby. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. I PASSED by the City Council of the City of Bremerton, Washington this z� day of .J , 2014. P/ tA�� GRE HEELER, Council President APPROVED AS TO FORM: ATTEST: RO ERA. LUBOV orney SHANNON L. COMN, City Clerk R:\ Legal \Legal \Resolutions\Municipal Court\Standards for Delivery of Public Defense (2014).doc 5 Standards for Delivery of Public Defense (2014)