HomeMy WebLinkAboutResolution 92-115-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
A RESOLUTION REGARDING
STANDARDS FOR THE DELIVERY OF
PUBLIC DEFENSE SERVICES
RESOLUTION NO.
WHEREAS, the Washington Legislature has mandated that counties adopt
standards for the delivery of public defense services;
WHEREAS, Grant County (County) wishes to adopt public defense
service standard: which reflect the needs of the County; now, therefore,
BE IT RESOLVED by the Grant County Board of County Commissioners:
1. Definitions.
A. Public Defense Attorney means any attorney who, pursuant to a
contract with Grant County or the State of Washington, provides
legal counsel to an indigent criminal defendant in Grant County.
B. Lead Attorney means the attorney hired to provide legal counsel to
an indigent criminal defendant who bears primary responsibility
and authority for making decisions and taking action regarding
that indigent defendant's case.
2. Compensation.
Public defense attorneys in Grant County should be compensated in
accordance with the contract executed by the respective parties. This
amount will reflect the level of responsibility and criminal activity
involved and may also take into consideration the experience and
training of the attorney(s).
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Duties and Responsibilities of Counsel.
All public defense contracts shall require that defense services be
provided to all clients in a professional, skilled manner consistent with
minimum standards set forth by the American Bar Association, applicable
Washington State Bar Association standards, the Rules of Professional
Conduct, case law and applicable court rules defining the duties of
counsel and the rights of defendants in criminal cases. Counsel's
primary and most fundamental responsibility is to promote and protect
the best interests of the client.
4. Caseload Limits and Types of Cases
5.
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7.
All public defense contracts involving the representation of more than
one indigent defendant shall specify the types of cases for which
representation will be provided. Caseloads should allow each lawyer to
give each client the time and effort necessary to ensure effective
representation. No attorney or firm rendering indigent defense services
should accept workloads that, by reason of their excessive size,
interfere with the rendering of quality representation. A lawyer should
not allow his or her private law practice to interfere with the
representation of indigent defendants.
Services Other Than Counsel.
Reasonable compensation for expert witnesses, investigators and other
services necessary to an adequate preparation and presentation of the
defense case shall be provided pursuant to express contractual terms.
Preference shall be given to the selection of expert witnesses,
investigators and other services from an approved list. Fees will be paid
as provided in the subject contract, unless otherwise ordered by the
court.
Administrative Expenses.
Public defense attorneys in Grant County shall be responsible for paying
all administrative expenses of their office or firm not otherwise provided
for in these standards or by contract. Such costs may include law
libraries, financial accounting, case management systems and other costs
incurred in the day to day management of the contract office or firm.
Reports of Attorney Activity and Vouchers.
Public defense attorneys in Grant County shall maintain a case reporting
and management information system which includes the number and type
of cases and disposition of each case. Any such system shall be
maintained independently from client files so as to disclose no privileged
information.
A standardized voucher form shall be used by attorneys seeking payment
for services rendered. The request for payment form shall be submitted
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to the Auditor for Grant County. Payment should be made at times
agreed to by the parties, without regard to the number of cases closed in
the period.
On cases for which attorneys are paid an hourly rate, attorneys shall
submit detailed records of the time and expenses incurred with the
voucher for which payment is requested. The detailed records shall
contain the following information: client name; date of assignment;
cause number; charge(s); disposition of case; date closed; and if a trial
was held, the number of days of trial.
8. Public defense attorneys should participate in regular training programs
on criminal defense law, including a minimum of five hours of continuing
legal education (CLE) per year for attorneys whose practice consists of
less than 50% public defense services and seven CLE hours per year for
attorneys whose practice consists of greater than 50% public defense
services annually in areas relating to their public defense practice. CLE
report forms should be furnished to the Contract Administrator prior to
January 31 of each year.
In offices of more than seven attorneys, an orientation and training
program for new attorneys and legal interns should be held to inform
them of office procedure and policy. All attorneys should be required to
attend regular in-house training programs on developments in criminal
law, criminal procedure and the forensic sciences. Attorneys in civil
commitment and dependency practices should attend training programs in
these areas. Offices should also develop manuals to inform new
attorneys of the rules and procedures of the courts within their
jurisdiction.
Every attorney providing counsel to indigent accused should take the
opportunity to attend courses that foster trial advocacy skills and to
review professional publications and tapes.
9. Supervision.
Each agency or firm providing public defense services should provide
one full-time supervisor for every ten staff lawyers or one half-time
supervisor for every five lawyers. Supervisors should be chosen from
among those lawyers in the office qualified under these guidelines to try
Class A felonies.
10. Monitoring and Evaluation of Attorneys.
Contracts for public defense services may be monitored and evaluated by
the judges of the respective courts. Supervision and evaluation efforts
should include review of time and caseload records.
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11 . Substitution of Attorneys or Assignment of Contracts.
The lawyer or firm engaged by the County to provide public defense
services shall not subcontract with another firm or lawyer to provide
representation and shall remain directly involved in the provision of
representation. If the contract is with a firm or office, the County may
request the names and experience levels of those attorneys who will
actually be providing the services, to ensure they meet minimum
qualifications. Any public defense contract shall address the
procedures for new counsel taking over upon the conclusion of the
contract.
12. Limitations on Private Practice of Contract Attorneys.
New contracts for public defense attorneys with private attorneys or
firms may set limits on the number of private cases which can be
accepted by the contracting attorney. An attorney or firm rendering
indigent defense services shall not allow his/her private practice to
diminish his/her ability to represent indigent defendants.
13. � Qualifications of Attorneys I
A. In order to assure that indigent accused receive the effective
assistance of counsel to which they are constitutionally, entitled,
attorneys providing defense services must meet the following
minimum professional qualifications:
Satisfy the minimum requirements for practicing law in
Washington as determined by the Washington Supreme
Court; and
Complete the hours of continuing legal education within each
calendar year as set forth in Section 7.
B. l Trial attorney's qualifications according to severity or type ofl
case:
CDeath Penalty Representation. Each attorney acting as lead
counsel in a death penalty case shall meet the following
requirements:
a. The minimum requirements set forth in Section 13(a);
and
b. At least five years criminal trial experience; and
C. Have prior experience as lead counsel in no fewer
than ten jury felony trials which were tried to
completion; and
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d. Has served as counsel in at least one completed jury
trial in which the defendant was charged with
homicide; and
e. Has completed at least one seminar containing a death
penalty section.
2. Adult Felony Cases -- Class A� Each attorney representing
a defendant accused of a Class�'A
felony hall meet the
following requirements:
a. Minimum requirements set forth in Section 13(a); and
b. Has practiced law for one year and has been trial
counsel in five felony cases that have been submitted
to a jury.
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3. Adult Felony Cases -- All Other Felonies Probation or parole
Revocation. Each attorney representing a defendant
accused of a Class B felony or a Class C felony or involved
in a probation or parole revocation hearing hall meet the
following requirements:
a. Minimum requirements set forth in Section 13(a); and
b. Either:
i. Has served one year as a prosecutor; or
ii. Has served one year as appointed counsel for
indigent defendants; or
iii. Has been trial counsel alone in two criminal
cases that have been submitted to a jury; and
C. Each attorney shall be accompanied at his or her first
felony trial by a supervisor.
4. JuvenilCases. Each attorney representing a juvenile
accused hall meet the minimum requirements set forth in
Section 3(a).
5. ,Misdemeanor Cases and Mental Commitment Hearings. Each
attorney representing a defendant involved in a matter
concerning a gross misdemeanor or condition of confinement
shall meet the requirements as outlined in Section 13(a).
6. Dependency Case Each attorney representing a client in a
dependency matter hall meet the following requirements:
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El . The minimum requirements as outlined in Section
13(a); and
b. Attorneys handling deprivation/ termination hearings
shall have six months dependency experience or six
months comparable experience regarding child
j custody issues.
C. ( Appellate Representation Each attorney who is counsel for a case
l on appeal to the Washingt n Supreme Court or to the Washington
Court of Appeals shall meet the following requirements:
1. The minimum requirements as outlined in Section 13(a); and
2. Either:
a. Has filed or is a member of a firm that has filed a brief
with the Washington Supreme Court or any
Washington Court of Appeals in at least one criminal
case within the past two years; or
b. Has equivalent appellate experience, including filing
appellate briefs in other jurisdictions, at least one
year as an appellate court or federal court clerk,
extensive trial level briefing or other comparable
work.
D. rAttorneys with primary responsibility for handling a death penalty
appeal shall have at least three years' criminal appellate
exper nce.
E. Legal Interns.
1. Legal interns must meet the requirements set out in APR 9.
Legal interns shall receive training pursuant to APR 9.
14. Disposition of Client Complaints.
The following procedure shall be utilized for responding to client
complaints. Complaints should first be directed to the attorney, firm or
agency which provided representation. If the client feels that he or she
has not received an adequate response, the Contract Administrator
should evaluate the legitimacy of complaint and, if possible, resolve the
complaint. The complaining client should be informed as to the
disposition of his or her complaint within a reasonable time period. If
the client feels dissatisfied with the evaluation and response received,
he/she should be advised of the right to complain to the Washington Bar
Association.
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15. Cause for Termination or Removal of Attorney.
New contracts for defense services should include the grounds for
termination of the contract by the parties. Termination of an attorney's
contract should only be for good cause. Good cause shall include the
repeated failure of the attorney to render adequate representation to
clients; the repeated wilful disregard of the rights and best interests of
the client; and the repeated wilful disregard of the standards herein
addressed.
The representation in an individual case establishes an inviolable
attorney-client relationship. Removal of counsel from representation
therefore should not occur over the objection of both the attorney and
the client.
16. Non -Discrimination.
Neither the County, in its selection of an attorney, firm or agency to
provide public defense representation, nor the attorneys selected, in
their hiring practices or in their representation of clients, shall
discriminate on the grounds of race, color, religion, national origin,
age, marital status, sex, sexual orientation or handicap.
17. Guidelines for Awarding Defense Contracts.
The County will award contracts for public defense services only after
determining that the attorney or firm chosen can meet accepted
professional standards and the qualifications outlined in Section 13.
Under no circumstances will a contract be awarded on the basis of cost
alone. Attorneys or firms seeking contracts for public defense services
must demonstrate their ability to meet these standards.
The County prosecutors and law enforcement officers shall not select the
attorneys who will provide indigent defense services, nor shall they be
involved in the negotiations of contracts for attorneys who will provide
indigent defense services. Drafting contracts and/or rendering legal
opinions to the Board of Commissioners regarding same by the County
Prosecutors shall be permitted.
DATED this - day of 1992.
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BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Helen Fancher, Chairperson
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ATTEST:
Clerk of the Board
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