HomeMy WebLinkAbout5532 PROFESSIONAL SERVICES AGREEMENT
Legal Representation for RALJ Appeals for Indigent Persons
THIS AGREEMENT is between the CITY OF BREMERTON, a municipal corporation
(hereinafter referred to as "City"), and Jeremy Morris of the Law Office of Glisson & Morris
(hereinafter referred to as "Attorney").
WITNESSETH:
1. Scope
Attorney agrees to provide legal representation for indigent persons for RALJ Appeals as
assigned by the Bremerton Municipal Court.
Legal representation shall include, but not be limited to:
a. obtaining all necessary materials including but not limited to copy of record of
proceedings, log for the record, and transcripts,
b. submitting timely appeal brief to Superior Court, and reply brief if necessary,
c. presenting oral argument if applicable,
d. handling such paperwork as the Municipal Court's and Superior Court's decisions
and orders direct,
e. completing all other related tasks that an appeal may require.
Attorney shall not be required to accept appointments in which a conflict of interest exists
as defined by the Rules of Professional Conduct. In the case of such conflict which precludes
representation of an indigent person by Attorney, Attorney shall notify the Bremerton Municipal
Court, in writing, as to the conflict as soon as possible after appointment. Provided, in those
cases where Attorney determines a conflict exists, they shall not be deemed "assigned" cases for
the purpose of compensation if the conflict of interest is determined, or could have been
determined by due diligence prior to performing work on the Appeal.
Attorney agrees that he will give each case the time and effort necessary to ensure
effective representation; he will render quality representation, utilizing the level of attention, care
and skill that Washington citizens would expect of their state's criminal justice system; and he
will not accept private practice workloads that interfere with the rendering of quality
representation to indigent clients.
' 2. Public Defense Standards
The Attorney shall comply with the standards for delivery of public defense services for
indigent persons adopted by Washington State Supreme Court Order number 25700-A-1004, and
adopted by the City on March 20, 2013 via Resolution number 3189 (hereinafter"Standards,"
attached as Exhibit A), and any applicable standards subsequently amended or adopted.
Pursuant to the current Standards, Attorney must meet the following requirements:
a. Limitations on Private Practice: As Attorney accepts appeals from the City,
Attorney must make a downward adjustment of Attorney's other private and public defense
caseload to accommodate appeal caseload if necessary to ensure effective representation on the
appeals. If Attorney accepts the maximum number of appeals thirty-six (36) allowable under the
Standards in one year, the Attorney may not perform work on other civil or criminal cases.
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b. Caseload Limits, Review and Trackin�: Attorney will accept all Bremerton RALJ
appeals, except cases in which there is a conflict of interest. Case assignments are not
anticipated to reach thirty-six (36) appeals per year. However, Attorney may accept up to thirty-
six (36) appeals in one year, based on Attorney's extensive appellate experience. Maximum
appeals accepted by Attorney must be based on the percentage of time Attorney is able to
dedicate to the caseload.
Six months after the beginning of the term of this Agreement, Attorney shall review
the case assignments with the City to evaluate and establish caseload limits, on a non-weighted
basis, to ensure compliance with the case limits contained in the Standards.
Attorney shall continuously track assigned caseload. An assigned case for purposes
of caseload volume may include multiple counts per defendant so long as they arise out of a
single event or transaction and are transmitted under one assignment. All activity under the case
number shall be considered part of the original assignment.
c. Accessibility of Attornev: Attorney shall maintain an office that accommodates
confidential meetings with public defense clients, a postal address, and adequate telephone
services to ensure prompt response to clients.
d. Supervision: The Attorney shall properly train, supervise, and monitor any other
attorney in his office and any staff who assist with assigned cases. The Attorney shall evaluate
annually every attorney and staff under his supervision that works on assigned cases, and shall
provide the City with a summary report of the attorney performance evaluation, per section 7
below.
e. Nondiscrimination: Attorney shall not discriminate in employment or services to
the public on the basis of race, color, creed, national origin, ancestry, age, sex, sexual orientation,
gender identity, religion, political ideology, marital status or the presence of any sensory, mental
or physical disability, unless based upon a bona fide occupational qualification.
f. Attorne,�Qualifications: Included in the Standards is a section entitled
Qualifications of Attorneys. Attorney, and any other attorney in his office who works on appeals
under this Agreement, must comply with Standards 14.1, and 14.3 - "RALJ Misdemeanor
Appeals to Superior Court."
3. Ter�n
a. This Agreement shall commence upon fiill execution and remain in place until it
is terminated by either party, in accordance with section 10 of this Agreement.
b. Attorney agrees that he will continue to represent indigent clients in cases where
he is appointed prior to the termination of this Agreement and which carry over past the end of
this Agreement until such cases are completed, but not beyond one hundred twenty (120) days of
tertnination of this Agreement. Such carry-over cases will be included in a final accounting
provided to the Municipal Court 5ervices Manager.
4. Compensation
a. City shall pay Attorney a flat fee for indigent representation in the sum of
$1,200.00 per case, except as specified in subsections (b) and (c) below.
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b. City shall pay Attorney a flat fee of$600.00 for any appeal in which the prior
attorney on the appeal substantially completed an appeal brief.
c. City shall pay Attorney a flat fee of$900.00 for any appeal in which Attorney
reviews case materials and determines that there is no non-frivolous appealable issue, pursuant to
RAP 18.3(a)(2),Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, l 8 L.Ed.2d 493
(1967), or any other applicable authority.
It is understood and agreed that the above fee amounts include all expenses and costs
incurred by Attorney for any appeal appointed to him pursuant to this Agreement, including
administrative and support services, except(a) filing fee for appeal; (b) expense of obtaining a
copy of the record of proceedings and the log for the record; (c) cost of preparing the transcript;
and (d) other fees approved by the court on a case by case basis upon motion.
5. Relationship of Parties
The parties understand and agree that Attorney is a practitioner skilled in matters
pertaining to criminal law services and will perform independent functions and responsibilities in
the area of his particular field of expertise. Attorney and his personnel shall act as independent
contractors and not employees of the City. As such, Attorney has no authority to bind the City or
control employees of the City, contractors, or other entities.
6. Insurance and Hold Harmless
Prior to and during the performance of the work covered by this Agreement, Attorney
' shall provide the City Clerk of the City of Bremerton with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement a policy of professional
liability insurance for attorneys and/or errors and omissions insurance providing coverage of at
least Five Hundred Thousand Dollars ($500,000) for professional liability or errors and
omissions in connection with the work to be performed by Attorney under this Agreement.
Attorney shall furnish a certificate of insurance to the City for review by the City Clerk.
Attorney shall provide the City Clerk with thirty (30) days' written notice of any cancellation of
said professional liability insurance.
Attorney agrees to be solely responsible for the acts or failures to act of his personnel
which occur or arise in any way out of the performance of this Agreement. Attorney agrees to
save and hold the City, its personnel and officials, harmless from all costs, expenses, losses, and
damages, including cost of defense, incurred as a result of any acts or omissions of Attorney or
his personnel relating to the performance of this Agreement.
Attorney shall carry Workers' Compensation per statutory requirements of the
Washington Industrial Insurance RCW Title 51.
The City and Attorney have specifically negotiated to provide that Attorney defend,hold
harmless, and indemnify the City for all claims, damages, and losses, including attorneys' fees,
arising from any claim of Attorney's employees for injuries covered by Title 51 RCW, and for
which Attorney could not be held directly liable.
7. Reporting Requirements
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Case Management System: The Attorney will use a case management system that will
allow him to file the reports described below.
Reporting: The Attorney will provide the Contract Administrator yearly reports by
January 315`of the subsequent year in acceptable format as follows:
Re ort Title Due Date
Year-end reports January 31 of following year
Annual attorne evaluation summar re ort
Additional summaries, other reports or Varies
documents as requested by the Contract
Administrator with reasonable notice
Year-end reports must contain:
• Defendant's name and cause number
• Disposition of appeal
• Number of court hearings
• Date case assigned
• Hours spent by attorney
The City of Bremerton, or any of its duly authorized representatives, shall have access to
any such books, records and documents for inspection, audit and copying. Payment may be
withheld if reports are not submitted within thirty (30) days of a due date or request.
The Attorney will immediately notify the Contract Administrator in writing when
Attorney becomes aware that a complaint lodged with the Bar Association has resulted in
reprimand, suspension, or disbarment of an attorney providing services under this Agreement.
8. Maintenance of Records
Attorney shall maintain all client case files produced under this Agreement for a
minimum period of five (5) years after sentencing or completion of Attorney's appeal on a DUI
case, and for all other types of cases, for three (3) years after judgment, sentencing, dismissal,
acquittal, decline to prosecute, or completion of appeal, whichever is later.
Willful failure to maintain or produce records or other required documentation during the
time for maintenance of records may result in specific, related costs being disallowed. In the
event the City has reason to believe that such a failure exists, notice shall be given to Attorney
and the Attorney shall respond in writing within five (5) days.
9. General Conditions
a. Subsequent Representation: Attorney agrees that he will not accept subsequent
representation in civil litigation for an appellant, or other affected party, in a matter arising from
a case or proceeding for which Attorney has provided services pursuant to this Agreement.
Attorney is in no way limited in making recommendations to appellants, or other affected parties,
to pursue litigation against the City for any matter arising from a case or proceeding relevant to
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Attorney's services provided under this Agreement. This provision is subject to approval of the
Washington State Bar Association, upon review requested by both parties.
b. Reports and Information: Attorney, at such times and in such forms as the City
may require, shall furnish the City such reasonable periodic reports and documents as it may
reque5t pertaining to the work or services undertaken pursuant to this Agreement, the costs and
obligations incurred or to be incurred in connection therewith, and any other matters covered by
this Agreement. Attorney will maintain accounting records in accordance with generally
accepted accounting principles and practices to substantiate all invoiced amounts.
c. Assignabilit� Attorney shall not assign any interest or subcontract any duty in
this Agreement and shall not transfer any interest in same (whether by assignment or novation);
provided, however, that claims for payment under this Agreement may be assigned, and provided
further that nothing herein shall prohibit Attorney from assigning duties under this Agreement to
another attorney in the same firm or an employee of Attorney qualified to provide assistance.
d. Entire Ag;reement: This Agreement constitutes the entire Agreement between the
parties, and both parties acknowledge that there are no other agreements, either written or oral,
that have not been fully set forth in the text of this Agreement. �
e. Amendments: The parties hereby agree that this Agreement can not be amended
or modified without the written concurrence of both parties.
I f. Notices: Any notices required to be given by the City to Attorney or by Attorney
to the City shall be in writing and delivered to the following parties at the following addresses:
City Clerk Jeremy Morris
City of Bremerton Law Office of Glisson & Morris
345 6th Street, Suite 600 569 Division Street, Suite C
Bremerton, WA 98337 Port Orchard, WA 98366
g. Waiver: Failure to insist upon strict compliance with any terms, covenants or
conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
h. Compliance with State, Local and Federal Laws: Attorney agrees to comply with
applicable bar association, local, state and federal laws, rules, regulations and orders in
performance of all services under this Agreement, including the Washington Rules of , '
Professional Conduct.
i. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
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j. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
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k. AttorneXs' Fees: In any dispute or litigation arising out of this Agreement each
party shall be responsible for its own attorneys' fees and court costs.
10. Termination
This Agreement may be terminated with ninety (90) days notice, with or without cause.
In case of termination of the Agreement, Attorney shall continue to provide representation on
cases assigned prior to the effective date of termination, in accordance with section 3(b) of this
Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
LAW OFFICE OF GLISSON
AND MORItIS
� I�- X - 15�
Jer Morris Date
,
CITY OF BREMERTON
/2 -- D�— �o/�
Patty L� , ayor Date
APPROVED AS TO FORM:
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ROGER A. LUB VIC , City Att rney
R �IVED FOR ING:
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Sha on Corin, City Clerk �
R:\LEGAL\ContractsWDMIN\Morris Jeremy PSA RALJ.agrDRAFi'ah
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ItESOLUTION NO.3189
A RESOLUTION of the City Council of the City of
Bremerton, Washmgton, adopting new standards for the delivery
of public defense services
WHEREAS, RCW 10 101 030 requires the Crty of Bremerton to adopt standards
for the delivery of public defense services for mdigent persons, and
WHEREAS,the Crty Council desires to adopt new updated public defense service
standards,NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. Adoption To ensure that mdigent cnminal defendants receive
lvgh-qualrty legal representation through a publ�c defense system that efficiently and effectively
protects the constitutional requirement of effective assistance of counsel,the Ciry hereby adopts
the standazds for delivery of public defense services for indigent persons issued by the Supreme
Court of Washmgton Order No 25700-A-1004 incorporated herein as Attachment A
SECTION2. Severabelrtv If any one or more sections,subsections, or
sentences of ttus Resolution are held to be unconstrtutional or invalid, such decision shall not
affect the validity of the remairung portion of this Resolution and the same shall remain m full
force and effect
SECTION3. EQ`'ect�ve Date This Resolut�on shall take effect and be in force
�mmediately upon its passage
PASSED by the City Council the 0� day of N( �.r�,�. ,2013
✓V�
GREG EELER, Council President
.
ATTEST APPROVED AS TO FORM
ON CORIN, City Clerk R GER A LUBOVICH, C�ty Atto
R�Legal\Legal�Resolutions�L,egal�Publ�c Defense Standards(2013}doc
1
Standards for Delivery of Public Defense Services
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� , .
ATTACHMENT A '
THE SUPREME COURT OF WASHINGTON
� ORDER
IN THE MATTER OF T�IE ADOPTION OF NEW )
STANDARDS FOR Il�DIGENT DEFENSE AND ) N0, 25700-A- �Gp�
CERTIFICATION OF COMPLiANCS ) '
)
)
The Washmgton State Bar Association having racommanded the adoption of New
Standards foi Indigent Defense and Certification of Compliance,and the Court havi.ng
considered the amendmenb and comments submitted thareto,and having determined that the
proposed amendments will a�d in the prompt and orderly administration of justice;
Now,therefore,it is hereby
ORDERED:
(a) That the standards and certificate as attached hereto are adoptad,
(b) That the New Standards for Indigent Defense,except Standard 3.4,will be
published in the Washington Reports and will became effect{ve September 1,2012. New
Standard 3.4 will be published in the Washington Reports and become effective on September 1,
2013,
DATED at Olympia,Washiugton this �.� day of Juna,2012.
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ATTACFIlVIENT A '
Page 2
IN THE MA2TER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE
AND CERTIFICATION OF COMPLIANCE
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ATTACHIVIENT A ' '
STANDARDS FOR YNDIGENT DEFENSE
The following Standards for Indigent Defense are adopted pursuant to CrR 3.1,CrRL.T 3,1 and
JuCR 9.2 and shall have aa effective date concwrent with the effectiveness of amendments to
ihose rules approved by the Court July 8,2010(effective July 1.2012);
Standard 3: Caseload Limits and Types of Caees
3.1 �The contract or othar employment agreement or government budget shall specify the
types of cases for which representation shall be provided and the maximum number of
cases which each attomey shall be expected io handle.
�.2 The casaload of pubtic defense attomeys sha11 allow each lawyer to give each client the
time and affort necessary to ensure effective representation Neither defender
organizations, county offices, contract attomeys nor assigned counsel should accept �
workloads tha.t, by reason of their excessive size, interfere with the rendering of quality
representation. As used ia this Standard, "quality representation"is intended to describe
the minimum level of atte�rtion. care, and skill that Washington citizens would expect of
their state's criminal justice system
3.3 General Coasiderations
Caseload limits reflect the maximum caseloads for fully supported full-time defense
attorneys for c,ases of average complexity and effort in each case type specified.Caseload
limits sssume a reasonably even distribution of cases throughout the year.
The increased complexity of practice in many areas will require lower caseload limits.
The maximum caseload limrt should be adjusted downward when the mix of case
assigiLments is weighted toward offenses or case types that demand more investigation,
legal research and writing,use of experts,use of social workers,or other expanditures of
time and resources. Attomey caseloads should be assessed by the workload required, and
cases and types of cases should be weighted accordingly.
If a defender or assigned counsel is carrying a mixed caseload including cases from mora
than one category of cases, these staadards should be applied proportionataly to
determine a full caseload: In jurisdictions where assigned counsel or contract attomeys
also rnaintsi.a private law practices, the caseload should be based on the percentage of
time the lawyer devotes to public defense.
The experience of a particular attorney is a factor in the composition of cases in the
attorney's caseload.
The following types of cases fall within the intended scope of the ceseload limits for
c�7minal and juvenile offender cases in Standard 3.4 and must be taken into account when
assessing an attorney's numerical caseload: partial case representations, sentence
violations, specialty or therapeutic courts, transfers, extraditions, representa�ion of
material witnesses, petitions for condittonal release or final discherge, and other matters
that do not involve a new cilminal charge.
, Stendards for Indlgant Defanae Washmgton 3tata Bar Association
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I Seattle,V✓A 98101-2�39
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ATTAC��VIENT A
STANDARDS FOR INDIGENT DEFENSE
Definition of case: A case is defined as the filing of a document with the court naming a
person as defendani or respondent,to which an attorney is appointed in order to provide
representation. In cow�ts of limited jurisdiction multiple citations from the same incident
can be counted as one csse.
3.4 Caseload Limits
The caseload of a full-time public defense attomey or assigned counsel should not exceed
the following:
, 150 Felonies per attorney per year;ar
300 Misdemeanor case9 per attomey per yesr or, in jurisdictions that have not adopted a
numerical case weighting system as described in this Standard,400 cases per year;or
250 Juvanile Offender cases per attorney per year;or
84 open Juvenile Dependency cases per attomey;or
250 Civil Cammitment cases per attorney per year;or
1 Active Death Panalty trial court case at a time plus a limited number of non death
penalty cases compatible with the time demand of the death penalty case and consistent
with the prafessional requirements of Standard 3,2 or
36 Appeals to an appellata court heazing a case on the record and briefs per attomey per
yeaz. (The 36 standard assumes experienced appellate attorneys handling cases w►fh
transcripts of an average lengdh of 3S0 pages If attorneys do not have sign�cunt
appellate experience and/or the average transcrlpt length is greater than 350 pages, the
caseload should be accordtngly reci�ced.)
Full time Rule 9 interns who hava not graduatad from law school may not have caseloads
that exceed twenty-five percent (25%) of the caseload lim.its established for full t�me
� attomeys. [E,�`'ecttve September 1, 2013]
3 5 Casa Counting
The local government entity responsible for employing, cotttracting with or appointing
public defense attorneys should adopt and publish written pohcies and procedures to
implement a numerical case-weighting system to count cases If such policies aad
procedures are not adopted and published, it is presumed that attorneys are not engaging
in case weighting. A numerical case weighting system must:
A. recognize the greater or lesser worldoad required for cases compared to an
` I average case based on a method that adequately assesses and documents the
workload involved;
B, be cansistant with these Standards, professional perFormance guidelines, and the
Rules of Professional Conduct,
Standards for Indlgent Defense Washington Stata Bar Association I
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Seattle,R►A 98101-2539
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ATTAC�IlVIENT A ' '
STANDARDS FOR INDIGEN'I'DEFENSE
C, not ulstitutionalize systems or practices that fail to a11ow adequate attorney time
for quatity representation,and
D. be periodically reviewed and updated to reflect current worldoads;and
E. be filad with the Stata of Washington Office of Public Defense.
Cases should be assessed by the worklaad requued. Cases and types of cases should be
weighted accordingly, Cases which are complex,ser3ous,or contributa more significantly
to attorney workload than average cases should be weighted upwards. In addition,a case
weightang system should consider factors that might justify a case weight of less than one
case.
Notwithstanding any cese weighting system, resolutions of cases by pleas of guilty to
crimwa] charges on a fust appearance or arraignment docket are presumed to be raze
occurrences requiring careful evaluation of the evidence and tha law,as well as thorough
com�nunication with clients,and must be counted as one csse.
3,6 Caee Weighting
The following are some examples of situations where case weighting might result in
representations being weighted as more or less than one cese. The listing of specific
examples is not mtended to suggest or imply that representations in such situations
should or must be weighted at more or less than one case, only that they may be, if
established by an appropriately adopted case weighting system.
A. Case Weighting Upwsrda: Serious offenses or complex cases that demand
more-than-average investigation, legal reseazch, writing, use of experls, use of
social workers and/or expenditures of time and resources should be weighted
upwards and counted ss more than one case
B. Case Weighting Downward: Listed below are some examples of situations
where case weighting might justify representations being weigh�ted less than one
case, However� cara must be taken because maay such representations routinely
involve significant work and effort and sharuld be weighted at a full case or mare. o
i Cases that result in partial representations of clients, including cliant
failures to appear and recotnmancement of proceedings� preliminary
appointments in cases in wluch no charges are filed, appearances of
retained counsel, withdrawals or transfers for any reason, or limited
appearances for a specific purpose (not including representstions of
multiple cases on routine dockets).
i.i. Cases in the criminal or offendar case type that do not involve filing of
new criminal charges, including sentence viola.tions, extraditions�
Standards for Ind�gent Defonse Wasluagton Stato Har Aasociation I
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ATTACHMENT A ' �
STANDARDS FOR IlYDIGJENT DEFENSE
representahons of material wttnesses, and other ma.tters or repzesentations
of clients that do not involve new criminsl charges. Non-complex
sentence violations should be weighted as at least 1/3 of a case.
iii, Casea in specialty or therageutic courts if the attorney is not responsible
for defendi.ng the client against the underlying charges before or a{ier the
client's participation in the specialty or therapeutic court. However, case
weighting must recognize that numerous hearings and extended
monitoring of client cases in such courts significandy contribute to
attoniey workload and in many instances such ceses may warrant
allocatian of full case weight or more.
iv, Cases on a cri.m.i.nal or offender first appeazance or arraignme� docket
where the attomey is designated, appointed or conlracted to represent
groups of clients on that dockat without an expectation of further or
continuing representation and wluch are not resolved at that tune {except
by dismissal). In such cncum�tances, consideration should be given to
adjusting the caseload limits appropriately, recognizing that case
weighting must reflect that attoraey workload includes the time needed for
appropriate client contact and preparation as well as the appearance time
spent on such dockets.
v Representation of a person in a court of limited jurisdiction on a charge
which, as a matter of regular practice in the court whera the case is
pending, can be aad is resolved at an early stage of the proceeding by a
diversion, reduction to an inftaction, stipulation an continuance, or other
alternative non-criminal disposition that does not involve a findin.g of
guilt. Such ceses should be weighted as at least 1/3 of a case,
Related Standards
American Bar Aesociat�on, Sfandenis for Crrm�nal Justice,4-1 2, 6-4 3.
Amencan Bar Assoola�on Gu/dellnes fr�r fhe Appolntment and Performance of Defense Counsel In Death
Pena/ty Cesea �
American Bar Association,Ethtcal Obltgations of Lawy�rs Who Represent Indigent Crimtnal
Defendatzts �hen Excesstve Caseloads Interfere With Competent and Diligent Representatton,
May 13, 2006,Formal Opinion 06-441, I�
The American Council of Chief Defenders Statement on Caseloads a�td�orkloads, (200'n.
�nkl
American Bar Aasociation E�ght Gurdellnes of Publlc Defense Relafed to Excess�ve Caseloads. [.,
� Natlonal Advisory Commission on Criminal Standards and Goals, Tssk Force on Courfs, 1973, Standard
1312
American Har Assoc�ation D�sclpllnary Rule 6-101
American Ber Assocletion Ten Pnnc�ples of a Publlc Defense Dellvery System. �]
IStandards for Indigent Defensa Weshmgton Stata Bar Associatton !
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ATTACHMENT A � �
STANDA.RDS FOR INDIGENT DEFENSE
ABA Sfandands of Pracfrce forLewyers who Represenf Chlldren rn Abuse&Neglect Cases, (1998)
Amencan Ber Assoclatlon, ChicaBo, IL
The Amerlcan Councll of Chief Defenders Ethical Opinlon D3-01 (2003)
Netlonal Legal Aid and Defender Assoclation, Stendarc/s forDefender Se►vfces, Stendarcla IV-I
National Legel Ald end Defender Assoclatlon, Model Contracf forPub!►c Defense Services(2002) ,nk
NACC Recommenda�ons for Representation of Ch�ldren in Abuse and Neglect Cases(2001) �
City of Seattle Ordlnance Number' 121509 (2004) � �
Seat�e-King County Bar Assoclation Indigent Defense Services Task Force,Guideline Number 1
Washfngton State Office of Pubiic Defense, Parents Representahon Progrem Standaro's Of
Reprvsentatlon(2009) � �
Kesprng Defender Worfdoads Manageable, Bureau of Just�ce Assistance, U S Department of Justice,
Indigent Defense Serles#�4(Spangenberg Group,2001) �n
5.2 Administrative Costs
A Contracts for public defanse services shall provide for or include adminislrative
costs associated with providing legal representation. These costs should include
but are not limited to travel,telephones,law hbrary�including electronic legal
research,financial accounting,case management systems,computers and
soflware,offce space and supplies,training,meeting the reporang requireme,nts
imposed by these standazds,and other costs necessarily incurred in the day-to-day
meaagement of the contract,
B. Public defense attomeys shall bave 1)access to an of6ce that accommodates
confidential meetings with clients and 2)a postal a.ddress,and adequate telephone
services to ensure prompt response to cliant contact,
6.1 Investigatora
Public defense attomeys sha11 use investigation services as appropriate.
Standard 13: Limitations on Private Practice
Pr:vate attomeys who provide public defense representation shall set limits on the amount of`
privately retained work which can be accepted, These limit,s shall be based on the percentage of
a full-time caseload which the public defense cases represent,
Standard 14: Qual'if'ications of Attorneys
14.1 In order to assure thQt mdigent accused receive the effective assistance of counsel to
i which they are constitutionally entitled, attorneys providing defense services shsll meet
the following mi.nimum professional qualifications:
A. Satisfy the minimum requirements for practicing law in Washin�ton as
detem�ined by the Washington Supreme Court;and
Standards frn Indigent Dafense Weshu�gton State Bar AssocisHon
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ATTAC�IMENT A � �
STANDARDS FOR INDIGENT DEFENSE
B. Be familiar with the statutes, court rules, constitutionat provisions, and case law
relevant to their practice area;and
C Be familiar with the Washington Rules of Pmfessional Conduct;and
D., Be familiar with the Performance Guidelines for Crimi�al Defense Representation
approved by the VJashington State Bar Association;and -
E. Be familiar witti the consequencos o£ a conviction or adjudication, including
possible immigration consequences and the possibility of civil commitrnent
proceedings based on a cri.minal 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 lagal education within each calendar yeaz in
courses relating to their public defense practice
14.2 Attorneys' quati�cations according to severity or type of casel:
A. Death Penalty Representation. Each attorney acting as Iead counsel in a
criminal case in which the deeth penalty has been or may be decreed and which
the decision to seek the death penalty has not yet been made shall meat the
following requirements:
i, The minimum requirements set forth in Section 1;and
ii. At least five years criminal trial experience;and
iu, Have prior experience as lead counsel in no fewer than nine�ury trials of
serious and complex cases which were tried to completion;and
iv. Have served as lead or co-counsel in et least one aggravated homicide
case;and
v. Have experience m preparation of mitigation packages in aggravated
homicide or parsistent offender cases;and
vi. Have completed at least one dea4► penalty defense seminar within the
previous two years;and
vu. Meet the requirements of SPRC 2?
� Attorneys woriang towe�d quaLfioetlon for a panc�ular category of cases unda this standard may sssoclete with lead counsal
who 1s guellfled undar thls atandard fot that caiegory of cases.
2SPRC 2 APPOW7'MENT OF COUNSEL
�tt least two lawyer�shau be appolnted for fhe trk!and aGso jor fhe duec�appead The lnal cour�ahall retatn respats�blllly for
appotnhng cow►se!for trlal The SY�preme Courr shali appolr�l caunse!fvr rhe dtrect appea!NonvWrstco�dtng RAP 1 S 2(fJ artd(!�.�he
Suprensa Courr wU!delermine all nro�lons!o wilhdraw as counse!on appacr�
Standsrds for Indigent Defense Washington State Ber Assoc9aHon
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ATTAC�IlvIENT A � '
STANIDARDS FOR INDIGENT DEIN"ENSE
The defense team in a death penalty case should include,at a minimum,the two
attorneys appointed pursuant to 5PRC 2,a autigation specialist and an
investigator PsycIuatrists,psychologists and other experts and support personnel
sh�uld be added as needed.
B. Adult Felony Cases-Class A
Each attorney repiesent�ng a defendant accused of a Class A felony es defined in
RCW 9A,20.020 shall meet the following requirements:
i. The minimum requirements set forth in Section 1;and
ii. Either;
a, has served two years as a prosecutor;or
b. has served two years as a pubhc defende,r;or two years in a private
crirriinel practice;and
ui. Has been trial counsel alone or with other counsel and handled a
significant portion of the trial in three felony ceses that have been
submitted to a jury.
C. Adult Fetony Casea—CIass B Yiolent O�ense
Each attoraey representing a defendant accused of a Class B violent offense ae
defined in RCW 9A.20,020 shall meet the following requirements.
i, The minimum requiremeats set forth in Section 1;and
ii. Either;
a. has served one year as a prosecutor,or
b. has served oae year as a public dafander; or one year in a private
' crimi.nal practice;and
iii. Has been trial counsel alone or with other counsel and handled a
sigiuficant portion of the tnal in two Class C felony cases that have been
submitted to a jtuy.
D. Adult Sex Offense Cases
�
A Ils!q/'altorneytt who meet the regulremenfs of prqnctency and experience,and wko have demonatra�ed tAar lhey m�e lsarned ln ths
law of capttalpunishment by vlrtue oJ'd�alni�yg or e�qoenence,andllars are gua!(ftedfor appolrstment en deathpenalty�rlals mrd far
apPr.ols w►ll be recntl�ed and mafnlarned by a pmrel created by the Supreme Cour� All cmrrdrel jor frta/and oppeal mus�have
demonstrated the pro�tcrency and comm![menl lo qua!!ty rsp�sentatton whrch!s appropr�ate lo a cap�ta!case Both counsel at Ma!
must haveJtve years'experlence fn�he practke of crlrn�al law 6e fmntltar wtth artd eaper�enced�n the u��l/zaqon afaxpert witnesses
and evlde►tce,artd not be presenrly se+ving as appotnted caw�sel In another acttve trtal level death penalty casa One cmrnsel must 6e,
and both may ba,gua!{Jted jar appolndnent tn captml trlals on l6e lfst,unless ctrcums�ance,r exlst sr�ch drat lt Is tn t1�e d�'endm►t's
�nterest to appotnt otherwrse gual�led cmrnse!learned�rt the low of cc�pital pw�ishnient by vtrtue oflratntng or expereence The awl
cmvt shall mahe,f liwdrigs of fact�fgond cause!s found far not appofnttng lLst cor�rtse!
At Jeaat oAe counsal on appea!inust Nava thr¢s y�ars'expsr'1a�ce tn�he fiefd�'crtm(nal appeUate!aw and bs learned in the law of
copita!p�m�rlunen!by yvfua ojfrau��ng or exper�enae, In appoinfutg counsel ar appeab�he Strpreme Court wUl coHslder Jhe ltst,6ut
w(1!have the,/tna!dtscretlon ln the appnuuntent af counqe! j]�i
Standards for indtgent Defense Waslvngton State Bar Associatlon
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ATTACHIV�NT A �
STANDARDS FOR INDIGENT DEF]ENS]E
Each attorney represenhng a client in an adult sex offense case shall meet the
fallowing requu�ements;
i. The mmimum requirements set forth in Sect�on 1 and Section 2(C);and
ii. Been counsel alone of record in an adult or juvenile sex offense casa or
shall be supervised by or consult with an atlorney who has experience
representing juveniles or adults in sex offense cases,
E. Adult Felony Cases-All other Claes B Felonies, Clase C Felonies,Probation
or Parole Revocation
Each attorney representing a defendant accused of a Class B felony not defined m
Section 2(C) or(D) above or a Class C felony, as defined in RCW 9A.20,020, or
involved in a probation or parole revocation hearing shall meet the following
requirements.
i. The minimum requirements set forkh in Section 1,aad
ri. Either:
a, has served one year as a prosecutor,or
b. has served one year as a public defender; or one year m a private ,
crimi.nal practice;and
iri, Has been trial counsel alone or with other trial counsel and handled a
significant partion of the tnal in two criminal cases that have been
submitted to a jury;and
iv, Each attorney sha11 be accompsnied at his or her first felany trial by a
supervisor if available.
F. Peraistent Offender(Life Without Poasibility of Release)Representa�ion
Each attorney actiang as lead counsel in a"two-str�cea"or"three str�lces"case in wluch
a conviction will result in a mandatory sentenca of life in prison without parole shall
meet the following requirements:
i. The minimum requiremenis sat forth in Section 1;3 and
ii. Have at Ieast: •
a. �, four years criminal trial experience;and
b. one year experience as a felony defense attoraey;and
c. experienae as lead counsel in at least one Class A felony trial;and
d. experience as counsel in cases involving each of the following;
1, Mental health issues;and
�RCW 10,101.080(1)(a)(IIQ provides that counhes receiving funding from tha atate Offlce of Public Defense under
that at2tute must reqwre "a�rorneys who handle the most serfous cases to raee!spec�ted qual�ftcatlons as set forth!n the
Washington atate bar assocrahan endorsed standards forpublic defanse serv/ces orpar�tctpate tn at least one case consu/wtion
per case wtth o„�lce q/'pabbc defense resource attornrys who m•e ao guall,�ted The moal aerious casea urclude al!caaes of mw�der
in the f irsl ar secortd degree,pers�stent o„�'ender cases,arrd class A felonles"
Standards far Indigant Defense Waslungton State Bar Associahon
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2 Sexual offenses,lf the cutrent offense or a pnor conviction
� that is one of the predicate cases resulting in the possibility
of life in prison without parole is a sex offense;and
3, Expert witnesses;and
4 One year of appellate experience or demonstrated legal
wntiag ability.
G. Juvenfle Cases-Class A
Each attomey r�presenting a juvenile accused of a Class A felony sha11 meet the
following requiremeats:
i. The minimum requirements set forth in Sect�on 1,and
u. Either:
a. has served one year as a pibsecutor,or
b. has served one year as a public defender; one year in a pnvate
criminal practice;and
iii. Has been trial counsel alone of record in five Clsss B and C felony trials;
and
iv. Ea�ch attorney sha11 be accompanied at his or her first juvenile i�al by Q
supervisor,if available.
H. Juvenile Casea-Classes B and C
Each attomey representing a juvenile accused of a Class B or C felony shall meet
the following requirements:
i. The minimum requirements set forth in Section 1;and
ii. Either:
a. has served one year as a prosecutor,or
b, has served one year as a pubhc defender; or one year in a private
criminal practice,and
ui. has been trial counsel alone in five misdemeanor ca,sas brought to a final
resolution;and
rv. Each attorney shall be accompanied at his or her fitst juvenile trial by a
supervisor if aveilable.
L Jnvenile Sex Offense Cases
Each attorney representing a client in a juvenile sex offense case shall meet tha
following requirements:
i. The minimum requirements set forth in Sectson 1 and Section 2(I�;and
ii. Been counsel alone of record in an adult or juvenile sex offense case or
shall be supervised by or consult with an attorney who has experience
representing juveniles or adults in sex offense cases.
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Stendards for Indigeat Dafense Weshingbon Staba Bar Association
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Seattle,WA 98101-2539
ATTACF�VIVIEEN'T A �
STANDARDS FOR INDIGENT DEFENSE
J. Juvenile Statua Offenses Cases. Each attorney representing a client in a`Becca"
matter shall meet the following requirements:
i, The muumum requirements as outlined m Section 1;and
ii, Either;
a have represented clients in at least two sirnilar cases under the
supervision of a more experienced attorney or completed at least
three hours of CLE traini.ng spec�c to"status offense"cases;or
b, have participated in at Least one consult�tion per case with a more
expenenced attorney who is quali�ed under this seetion,
K. Misdemeanor Cases
Each atto�ey represanting a defendant involved in a matter concerning a simple
misdemeanor or gross misdemeanor or condidon of confinement� shall meet the
requirements as outlined in Section 1.
L. Dependency Cases
Each attorney representing a client in s dependency matter shall mieet the following
requi�ments:
i. The minimum requiraments as outlined ia Section 1;and
u. Attorneys handling termi.na.tion hearings shall have six months
dependency expetience or have significant experience in ha.ndling
complex litigation.
iu Attorneys in dependency matters should be familisr with expert servicea
and treatment resources for substance abuse.
iv, Attorneys representi.ng children in dependency mattars should have
lcnowledge,training, experience, and ability in communica.ting effectively
with children, or have participated in at least one consultation per case
either with a state Office of Public Defense resource attomey or other
attorney qualified under this section.
M. Civil Commitment Cases
Each attomey representing a respondeut shall meet the following requirementst
O
i. The minimum requirements set forth in Section 1;and
u, Each staff attorney shall be accompanied at his or her 5rst 90 or 18Q day
commitment hearing by a supervisor;and
i.ii. Shall not represant a respondent in a 90 or 180 day commitment hearing
unless he or sha has either:
a. served one year as a prosecutor,or
b, served one year es a public defender, or one year in a private civil
commitment practice,and
c. been trial counsel in five civil eommitment inifial hearings;and
; Standards for Indigent Defense WasUington Stete Bar Assoc�ation
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ATTAC�IlViENT A
STANDARDS FOR INDIGENT DEF�NSE
iv. Shall not represent a respondent in a jury trIal unless he or she has
conducted a felony jury tri�l as lead counsel; oi been co-caunsel with a
more expeneaced attorney in a 90 or 180 day commitment he�ring.
N. Sex Offender"Predator"Comnnitment Cases
Generally, there should be two counsel on each sex offender commitment case.
The lead counsel shall meet the following requirements:
i The miiuinum requirements set forth w Section 1;snd
ii. Hava at least:
a Three years criminel trial experience;and
b. One year experience as a felony defense attorney or one year
experience as a criminal appeals attorney;and
c. Experience as lead counsel m at least one felony trial;and
d. Expenence as counsel in cases involving each of the following:
1. Mental health issues,and
2. Sexual offenses;and
3. Expert witnesses;and
e. Familianty with the Civil Rules;and
f One year of appellate experience or demonstrated Iegal writing
ability
Other counsel worlcing on a sex offender commitment cases should meet
the Muumum Requirements in Section 1 and have either one year
experience as a public defender or significant experience in the
preparation of crinoinal cases,including legal research aad writing and
traming in triel advocacy.
O. Contempt of Court Cases
Each attorney represenfiing a respondent shall meet the following requirements:
i. The minimum requirements set forth in Section 1;and
ii. Each a#orney shall be accompanied at his or hei first three contempt of
court hearings by a supervisor or more experienced Qttorney,or perlicipate
in at least one consultation per case with a state Office of Public Defense
resource attorney or other attornay qualified in this area of pra�tice,
P. Specialty Courts
Each attorney representing a client in a specialty court (e.g,, rnental health court,
drug diversion court,homelessness court)shall meet the following requirements;
i, The minimum requirements set forth in Section 1;and
ii, The requirements set forth above for representation in the type of prachce
involved in the specialty court(e.g.,felony,misdemeanor,juvesule);and
iii, Be familiar with mental health and substance abuse issues and treatment
' alternatives.
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Standards for Indigent Defense Washuigton State Bar Assoctadon
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14.3 Appellats Representation.
Each aitorney who is counsel for a case on appeal to tha Washi.ngton Supreme Court or to
the Wasl�ington Court of Appeals shall meet tha following requirements;
A. The muumum requirements as autlined in Section 1;And
B, Either,
i. has filed a brief with the Washington Supreme Court or any Washi�ngton
Court of Appesls ia at least one cri�runal case within the past two years; or
u. has eqwvalent appellate experience, including filing appellate brief� in
other jmisdictions� at least one year as an appellate court or federal court
� clerlc,extensive tnal level briefing or other comparabla work.
C Attoineys witli primary responsibility for handling a dea'kh penalty appeal shall
have at loast five years' cruYunal experience, preferably including at least one
homiaide trial and at least six appeals from felony convictions, and meet the
requirements of SPRC 2.
RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel
alone for a case on appeal to the Superior Court &om a Court of Limited
Junsdiction should meet the minimum requirements as outlined in Section 1, �nd
have had significant training or exporience in either criminal appeals, eriminal
moiions practice, extensive trial level briefing, clerking for an appellate judge, or
assisting a more experienced attorney in preparing and arguing an RALJ appeal,
14.4 Legallnterna
A. Legal interns must meet the requirements set out in APR 9.
B, Lega1 intems shall receive t�raining pursuant to APR 9 aad in offi.ces of more than
seven attarn.eys, an orientation and training program for new attorneys and legal
interns should be held.
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Standa�ds for Ind�gent Defensa Washington 5tete Bar Association
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