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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. ' 1 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. � 2 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 3 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 4 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. �. 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. 5 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: � ROGER A. LUB VIC , City Att rney R �IVED FOR ING: � � Sha on Corin, City Clerk � R:\LEGAL\ContractsWDMIN\Morris Jeremy PSA RALJ.agrDRAFi'ah 6 � �J l � 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 -- --- --- - - - - - - - � - - - - - - - - - - -- - - � , . 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. _ � � � . � N ��' � C r�=�: 1" :�`= '-'7u •r•�-'rl � �� � � � � •� r r `� �����r1 r+ x' '- � �' ;' ,��'� Y�. �n � T � '_ '� � ��� � � {/-�' � � � � ' � _��� E--- - - - - -- - - --- ----- - - -- - - -- - -- -- - - - - — - - -- , , , ATTACFIlVIENT A ' Page 2 IN THE MA2TER OF THE ADOPTION OF NEW STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION OF COMPLIANCE ��2 G�C� V . . id'`'' ��- //� �°�'r � 1 V�" + l ��q� I V12� (fG , Ll i � , , 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 i - - - Page 1 1�25 Fourth�va-3uite 600 - - I Seattle,V✓A 98101-2�39 i �- - - - - - - - . . , , 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 - - - - pagg 2 - 1325 Fourth Ave-Suite 600 Seattle,R►A 98101-2539 I 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 - - - -- - Page 3 - - -1325 Fourth-Ave-3utte 600 - Sesttla,WA 98101-2539 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 ! - - - --- Page 4 - - - - 1325 Fowfih-Ave-Suite 600 � � Seattle,WA 9810]-2539 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 - - - -- Page 5- - 1325 FoutthAve-SufUe 600 Seattle,WA 98101-2539 I i 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 - -- - —- - - Paga 6- - - 132�Foiuth-Ave-Smte 600- - Sesttle,WA 98I01-2539 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 _ _ _ _ __ _ p�ge�_ _ _ - - 1-325 Fourth-Ave�-3u�te 600 - 3eattle,WA 98101-2539 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 --------Pag�8— ---------- ---13�S�o�thAve—Snite-600 -- ---- Seattla,WA 98101-2539 i �- -' -'- - --- ----'- '------ - --- - ' - - --- --- - - - �- -- . . ATTACI�NT A � � STANDARDS FOR INDIGENT D]EFENSE 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. i Stendards for Indigeat Dafense Weshingbon Staba Bar Association ---�� Foarth-Ave—.S�ata600 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 —,—----—�age�-A '��5-�our�h-Ave--Suite-600 ( Seattie,WA 98101-2539 �- - - ' . . 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. � � � Standards for Indigent Defense Washuigton State Bar Assoctadon ------------Page 11-----— --- -- ------ —--- ---- H�-S�ourth�4ve�-Sutta600 Seattla,WA 981O1-2539 � � � , . ATTACHIVIENT A STANDARDS FOR INDIGENT DEFENSE 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. i Standa�ds for Ind�gent Defensa Washington 5tete Bar Association ----- - ---Page 1� --—----------- - - ------ - --- --- 1�3�5-Fourth�lva--Suite 600---—- - - --------- 5eattle,WA 98101-2539