HomeMy WebLinkAboutResolution 09-076-CCSOARD OF COUNTY COMMISSIONERS
Grant County, Washington
AN ORDINANCE CREATING CHAPTER ORDINANCE No. 09-� CC
2.30 OF THE GRANT COUNTY CODE,
INDIGENT PUBLIC DEFENSE.
RECITALS:
WHEREAS, the Washington Legislature has mandated that counties adopt standards
for �he delivery of indigent defense services through RCW 10.101.030;
WHEREAS, Grant County (the County) now intends to adopt indigent defense
service guidelines that clearly and accurately reflect the responsibilities of the County;
WHEREAS, the County previously has established policies by Resolution regarding
the adoption and implementation of guidelines for the delivery of indigent defense services
in Grant County (Resolution No. 92' 11 SCC and Resolution No. 97-29-CC)
WHEREAS, the County desires to fully comply with the statutory mandate of RCW
10.101.030 regarding the adoption of an Indigent Defense Ordinance and guidelines for the
delivery of indigent defense services in the County and the continuing appreciable
deinonstrable improvements as znandated in RCW 10.101.060 in the delivery of indigent
defense services to those deemed qualified;
NOW, THEREFORE, BE IT RESOLVED, that the Grant County Board of
Commissioners (the "Commissioners") hereby adopt by Ordinance the following guidelines
for the delivery of indigent defense services in Grant County as set forth herein, to provide
guidelines for such delivery of indigent defense services, where eligibility has been
established:
POLICY
Definitions.
For the purposes of this Ordinance, the following words and phases used herein shall
have the designated ineaning unless a different meaning is expressly provided:
A, "Indigeilt Defense Attorney" ineans any attorney who, pursuant to a
contract or other agreement with Grant County or appointment by a
court of competent jurisdiction; or einployment by Grant County
through a designated county agency or department, provides legal
counsel to an indigent criminal defendant in the Stitperior Court for Grant
CoLulty.
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B. "Lead Attorney" ineans the attorney designated to provide legal counsel
to an indigent criminal defendant and who bears priinary responsibility
and authority for inaking decisions and taking action regarding that
indigent defendant's case.
C. "Supervising Attorney or Director" means the attorney or attorneys who
supervise the indigent defense system on behalf of Grant County.
2. Jef�v Best, et al, v. G�^ant Coticntv, Kittitas Countv Superior Court Cause No. 04-2-
00189-0
For the purposes of this Ordinance, tha County hereby specifically recognizes that
JeffNey Best, et al, v. G�ccnt Cozcnty, Kittitas County Superior Court Cause No. 04-2-00189-0
mandates certain specific terins, conditions and requirements with which the County must
comply with during the term of the settlement agreement. This Ordinance fiirther specifically
recognizes and affirms that the County intends to comply fully and completely comply with
the above-referenced terms, conditions and requirements and that this Ordinance does not and
is not intended to unilaterally inodify any of those above-referenced terms, conditions and
requirements.
3. Indi�ent Defense Standards
For the purposes of this Ordinance, the County hereby adopts as guidelines the
Washington State Bar Association Standards for Indigent Defense Services in the Superior
Court, hereby adopted by re�erence and attached as Attachment A, as adopted by the WSBA
Board of Governors in September, 2007.
4. Continuin� Review
For the purposes of this Ordinance, the County hereby affirms its intention that this
Ordinance be reviewed in two years (i.e. July of 2011) to ensure continuing appreciable
demonstrable improvements as mandated in RCW 10.101.060 in the delivery of indigent
defense services to those deeined qualified to receive such services in the County.
5. Effective Date
This Ordinance, as ainended herein, shall take effect iininediately. Grant County
Resolution No. 92-115-CC, passed on Septeinber 22, 1992, and Grant County Resolution
No. 97-29-CC passed on March 11, 1997 hereby are repealed in their entirety.
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DATED this ��� day of August, 2009.
BOARD OF COUNTY COMMISSIONERS
G COUNTY, WASHINGTON
Cindy Cart , Chair
—_---_
Richard Stevens, Vice-Chair
Carolann Swartz, Member
Attest:
,, � l, 1�C,/1,�-�—
{��1'1`�,� v�;�
arbar� J. Vasquez, Clerk of the Board
Published:
8/��2009 v `
Approved as to for .
�
By
Dalton Le nce
Deputy Prosecuting Attorney
Date: �P � �� �
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