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HomeMy WebLinkAboutResolution 97-029-CC� � 5 BOt�� OF COLTNT�' C011�ll�ISSIOl�RS Grant County, Washington A RESOLUTION AMENDING GRANT COUNTY'S POLICY REGARDING STANDARDS FOR THE DELIVERY OF PUBLIC DEFENSE SERVICES RESOLUTION NO. 97- 29 -CC 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 standards which reflect the needs of the County; now, therefore, WHEREAS, the County has previously established a policy regarding the adoption of standards for the delivery of public defense services in Grant County Resolution No. 92-115- CC; and W�IEREAS, legal counsel for the County has proposed changes to the existing policy regarding the adoption of standards for the delivery of public defense services in Grant County, based on the application of the existing policy and litigation; and Resolution - 1 RESOLUTION\PUB-DEF.RE2 WHEREAS, the County desires to implement the recommendations of legal counsel to improve the existing policy regarding standards for the delivery of public defense services in Grant County; and WHEREAS, the recommendations of legal counsel to improve the existing policy regarding standards for the delivery of public defense services in Grant County will effectively decrease legal exposure to the County without a commensurate decrease in the delivery of public defense services in Grant County; and NOW, THEREFORE, BE IT RESOLVED, that the Grant County Board of Commissioners (the "Commissioners") hereby amend the existing policy regarding the standards for the delivery of public defense services in Grant County as set forth herein, to provide for the delivery of public defense services, where eligibility is established: POLICY 1. Definitions. For the purposes of this resolution, the following words and phases used herein shall have the designated meaning unless a different meaning is expressly provided: A. "Public Defense Attorney" means any attorney who, pursuant to a contract with Grant County or the State of Washington, or appointed by a court of competent jurisdiction, 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 Resolution - 2 RESOLUTION\PUB�DEF.RE2 1 5 responsibility and criminal activity involved and may also take into consideration the experience and training of the attorney(s). 3. 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 as set forth herein, including without limitation, 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 Ty�es of Cases. 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 o� 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. 5. 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. 6. Administrative Expenses. Public defense attorneys in Grant County shall be responsible for paying all administrative expenses o� 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. 7. 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. Resolution - 3 RESOLUTION\PUB-DEF.RE2 A standardized voucher form shall be used by attorneys seeking payment for services rendered. The request for payment form shall be submitted 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. 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 �or 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 by the Contract Administrator to the public defense attorneys prior to January 31st 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 xecords. Resolution - 4 RESOLUTION\PUB-DEF.RE2 11. Substitution of Attorneys or Assi�nment 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, except as provided by written agreement and/or directed by a court of competent jurisdiction. 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 Attornevs. 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 Attorne,�. A. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally en�itled, attorneys providing defense services must meet the following minimum professional qualifications: 1. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and 2. Complete the hours of continuing legal education within each calendar year as set forth in Section 7. B. Trial attorney's qualifications according to severity or type of case: 1. Death 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 Resolution - 5 RESOLUTION\PUB-DEF.RE2 c. Have prior experience as lead counsel in no fewer than ten jury felony trials which were tried to completion; and 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 shall 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. 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 shall 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. Juvenile Cases. Each attorney representing a juvenile accused shall meet the minimum requirements set forth in Section 13(a). Resolution - 6 RESOLUTION\PUB-DEF.RE2 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 Cases. Each attorney representing a client in a dependency matter shall meet the following requirements: a, 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 custody issues. C. Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington 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 �iling 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. Attorneys with primary responsibility for handling a death penalty appeal shall have at least three years' criminal appellate experience. E. LegalInterns. 1. Legal interns must meet the requirements set out in APR 9. 2. Legal interns shall receive training pursuant to APR 9. Resolution - 7 RESOLUTION\PUB-DEF.RE2 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. 15. Cause for Termznation or Removal of Attornev. 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. Resolution - 8 RESOLUTION\PUB-DEF.RE2 18. EFFECTIVE DATE. Grant County Resolution No in its entirety. This policy, as amended herein, shall take effect immediately. 92-115-CC, passed on September 22, 1992, is hereby repealed ADOPTED by the Board of County Commissioners of Grant County, Washington, this j � J��, day of ,,,,, , 1997. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON � ,, /� C LeRoy C Allison, hai ,������� ����.�-, Helen Fancher, Member � �.��w � Tim S ead, Me ber ATTEST: � � Clerk of Board Resolution - 9 RESOLUTION\PUB-DEF.RE2