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GRANT COUNTY
4 DEPARTMENT ®F PUBLIC DEFENSE
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Date: August 17, 2021
To: Board of County Commissioners
From: Brett Hill, Director
I-OvIe: RCW 10.101 Public Defense Funding
Attached for your consideration and signature, please find our 2020 Application for RCW 10.101
County Grant. The additional materials (Ordinances, policies, CLE reporting, contracts, etc.) are held at
my office and will be sent with the application electronically. If you would like to see any of those we
would be glad to bring them to you.
R E C r -:'V E D
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Internet Email: opd&opd.wa.gov
www.opd.wa.gov
TO: County Officials
Al 19 Lei 4ubaz'
FROM: Larry Jefferson, Director
DATE: June 10, 2021
RE: Application for State Public Defense Funding for Calendar Year 2022
(360) 586-3164
FAX (360) 586-8165
RCW 10.101.050 allows counties to apply for a pro rata share of available state funds to
improve the quality of public defense services for juveniles and adults. Attached is an updated
application for funding in calendar year 2022. Application materials also are available at
www.opd.wa.gov.
The projected statewide total disbursement for 2021 is $5,821,675, with each county receiving
a pro rata share based on the statutory formula in RCW 10.101.070. Completed applications
are due at the Washington State Office of Public Defense (OPD) by 5 p.m, Friday., August 27,
2021. OPD will notify applicants of funding status in October and will mail out disbursements in
early January. Applications should be submitted via secure file transfer using Axway
SecureTransport software. Please see attachment for instructions.
Per RCW 10.101.060, counties in receipt of state funds must document that they are meeting
the WSBA Standards for Indigent Defense Services, or that funds are being used to make
appreciable demonstrable improvements to public defense services. Attached is a policy on
allowable uses for the funding. Pursuant to statute,, state funds cannot be used to supplant
county funds that were being spent on public defense services prior to the initial disbursement
of state funds (2006 for most counties).
Please note that the WSBA Standards for Indigent Defense Services have been updated very
recently. In particular, please see edits to Standard Eighteen — Guidelines forAwarding Defense
Contracts, and newly.adopted Standard Nineteen — Independence and Oversight of Public
Defense Services.
RCW 10.101.060 conditions eligibility for continued funding upon a county's efforts to ensure
that well-qualified attorneys handle the most serious cases; that contracts with attorneys
provide for funding of expert and investigator costs; and that counties set up a valid method for
711 Capitol Way South * Suite 106* P.O. Box 40957. Olympia, Washington 98504-0957
appointing conflict counsel. OPD managing attorneysareavai|ab|etovvorkvvithcoundes
regarding compliance with Chapter 10.101 RCW as well as applicable case law and court rules,
including the state Supreme Court's Standards for Indigent Defense. OPD has also made
available a variety of resources for assistance in implementation of the Standards and caseload
limits, such as: an FAQ on the Standards, web tutorials, sample caseload calculators, and
custornizab|emodel misdemeanor case weighting policy.
For information regarding the improvement of public defense services or this application,
contact OPD Public Defense Services Managers KathDJohnson Katrin.Johnson2opd.wa.gov,
36O-586-8l64ext. 1O8 orGeorge Ye@nn8ki5/ 360-506-3164
2021 Application for Chapter 10.101 RCW
Public Defense Improvement Funds
The information provided in this Application must reflect all county public defender services including
public defense agencies,, contract services and appointed counsel. If public defense services are provided
through different county offices., a// county -wide information must be consolidated into this application.
Please do not leave any answers blank. If the question calls for information that is not available, please
enter n1a.
County: -Grant County
Contact Name: Brett Hill
Title: —Director of Public Defense
Mailing Address: PO Box 37
City: Ephrata Zip Code: 98823
Phone: 509-754-6027
Email Address: bhill@grantcountywa.gov
State Vendor Number: SWV0002426-25
For more information see:
https://ofm.wa.gov/it-systems/accou nti ng-systems/statewide-ven donjavee-se rvices
NOTE: Completed applications are due to OPD by 5 p.m., Friday, August 27, 2021.
1.1 In 2020, the total costs for county indigent defense services were as follows:
a.
General Indigent Defense: $3,113,174.59
For jurisdictions that only report under this sub -category, include all costs. Please also
answer c(l) and c(2) below. For jurisdictions that report in multiple sub -categories,
include costs not otherwise provided for by the case type listed below, such as civil
contempt proceedings in child support, paternity actions and runaway dependent
children. If applicable, include other expenses not already included below, such as
overhead or central services.
Please provide a brief description of the expenditures included in the "General Indigent
Defense" category.
This is the entire indigent defense budget. It does not include things that are under a
different county budget like office space, custodial, computer repairs and maintanence,
telephone service, etc.
2021 County Application for Indigent Defense Funding Page 3
b. Adult Felony:
$Included in the overall
budget.
All costs associated with providing legal counsel and services for indigent adult persons
charged with a felony offense in the Superior Court and juveniles charged as adults.
Additionally, costs arising from the following actions should be reported in this category:
fugitive complaints; special inquiry proceedings: material witness proceedings; coroner
inquest proceedings; hearings or proceedings on remand from appellate courts; personal
restraint petitions; and habeas petition hearings in Superior Court where counsel is
appointed.
$Included in the overall
c. Adult Misdemeanor: budget.
All costs associated with providing legal counsel and services for indigent persons
charged with a gross misdemeanor or misdemeanor offense including the cost of RAU
appeals to Superior Court.
(1) Does the county provide public defense services for any
cities? ❑ Yes H No
If yes, which ones.?
(2) If yes, does the above amount include expenses for defense
in municipal cases? ❑ Yes ❑ No
If yes, how much?
d. Juvenile Offender: $Included.
All costs associated with providing legal.counsel and services for indigent juveniles
charged with a felony, gross misdemeanor or misdemeanor offense in Juvenile Court.
e. Juvenile Dependency and Termination of Parental
Rights — Representation of Children: $Not provided.
All costs associated with providing legal counsel and services for children eligible for the
appointment of counsel at public expenses who are subject to a dependency or
termination of parental rights action in Juvenile Court. (Do not include expenses already
covered by the Children's Representation Program of the Washington State Office of Civil
Legal Aid or costs associated with the appointment of a guardian ad litern to represent
the interests of a minor child).
f. Truancy,, At -Risk -Youth,, CHINS: $Included.
All costs associated with providing legal counsel and services for minor children named in
a "BECCA" case., including at -risk -youth, child -in -need -of -services petitions, and truancy
hearings.
g. Civil Commitments — Mental Health/Alcohol: $Not Provided.
All costs associated with providing legal counsel and services for indigent adults and
minor children subject to mental health and alcohol commitment proceedings. This
2021 County Application for Indigent Defense Funding Page 4
category also includes other miscellaneous commitments., e.g. infectious disease
commitment petitions.
Was the above information derived from the State Auditor's Budgeting
& Reporting System (BARS) categories? M Yes No
1.2 Out of the amount(s) listed in question 1.1, approximately how much was spent on the
following public defense services in 2020?
Investigation: $243,p885 ❑Unknown
Experts: $115P000 ❑Unknown
Social workers/social
service/mitigation experts: $ ❑Unknown
Interpreter services for
attorney-client meetings: $86,000 ❑Unknown
1.3 In what areas (case types and/or job types) do you anticipate needing more financial
assistance for public defense in 2022 and 2023?
Since we are reactive, it is difficult to say. However, we are hoping to fund a social worker
within the next couple of years. In 2021 we have used our funding to hire a new position
classified as a receptionist. That position requires Spanish language to better service our
clients,,
2021 County Application for Indigent Defense Funding Page 5
2.1 In 2020, attorneys providing indigent defense representation had the following case
assignments:
a. If the county uses a public defender agency (government or non-profit), provide the
information below regarding staff attorney case assignments. Please be sure to indicate the
actual number of cases, not case weights or payment points.
b. Fill in the section below for cases assigned to private attorneys/firms that contract with the
county for public defense services, or attorneys/firms assigned to public defense cases by list
appointment. Please be sure to indicate the actual number of cases, not case weights or
payment points.
Total # of cases
# of probation
violations/post
# of FTE
Average per -
Types of Cases
assigned to all
a
sentencing cases
agency
attorney
sentencing cases
agency attorneys
assigned
attorneys
caseload
Superior Court adult felonies
309
177
4.1
75
District Court misdemeanors
672
Included
2.7
250
and gross misdemeanors
Juvenile Court offender cases
39
Juvenile Court offender cases
4
2
4
"Becca" cases (truancy
43
.3
43
contempt, at -risk -youth,
CHINS)
Civil commitment — mental
0
health/alcohol
Appeals from Courts of
I
Limited Jurisdiction to
Superior Court (RAU)
b. Fill in the section below for cases assigned to private attorneys/firms that contract with the
county for public defense services, or attorneys/firms assigned to public defense cases by list
appointment. Please be sure to indicate the actual number of cases, not case weights or
payment points.
2021 County Application for Indigent Defense Funding Page 6
Total # of public
# of probation
defense cases
violations/post
# of attorneys with
Types of Cases
assigned to all
sentencing cases
public defense contracts
attorneys
assigned
(or on appointment list)
Superior Court adult felonies
120
2
3
District Court misdemeanors
1950
Included
and gross misdemeanors
Juvenile Court offender cases
39
36
3
2021 County Application for Indigent Defense Funding Page 6
"Becca" cases (truancy
contempt,, at -risk -youth,
CHINS)
Civil commitment ®mental
0
health/alcohol
Appeals from Courts of
0
Limited Jurisdiction to
Superior Court (RAU)
c. If the county provides public defense services for cities, do
the misdemeanors and gross misdemeanors contained in the
Tables above include municipal cases?
If yes, how many?
d. How are case assignments counted when an attorney withdraws from a case before it is
completed and later another attorney is appointed? For example, if the appointed attorney
withdraws because the defendant has disappeared and a warrant is issued, and later the
defendant returns and another attorney is appointed, does the court count two cases?
The Department of Public Defense gives credit for a case when a case is assigned. If there is a
withdrawal prior to any significant pretrial hearing, such as an omnibus hearing, the credit will
be removed and the attorney receives no credit. If an attorney participates in any significant
pretrial hearing, the attorney will retain the credit, even if the attorney withdraws later. The
new assigned attorney also receives credit.
2.2 Does the county use a case -weighting policy as allowed for in Standard 3
of the Standards adopted by the WSBA and the Washington State
Supreme Court (CrR 3.1,, CrRU 3.1 and JuCR 9.2)? If yes, please attach the
county's case -weighting policy.
FOR
2.3 What is the county's method for counting probation violations and other post -sentencing
cases?
Superior Court cases are counted as one-third (1/3) credit. Attorneys are encouraged to request
additional credits if the work is significant. A full credit will be given if significant work is required.
Cases in District Court are not weighted. Each case is given full case credit.
2021 County Application for Indigent Defense Funding Page 7
3.1 Please indicate in the table below and attach a narrative paragraph explaining how the county
used RCW 10.101 funds in 2021, and how the funds will be used in 2022. The table below
reflects common allowed uses of funds. See the attached policy for an expanded list of allowed
and prohibited uses. Note that state funds cannot be used to supplant county funds that were
being spent on public defense services prior to the initial disbursement of state funds (2006 for
most counties).
Common Allowed Uses of State Funding:
2021
2022
Creating or expanding a county or regional public defense agency
1:1
El
Providing an attorney coordinator who oversees contracts with
1:1
1:1
attorneys providing public defense
Adding attorneys to reduce public defense caseloads
z
z
Adding investigator services
z
z
Adding expert services
Increasing public defense attorney compensation
z
Providing public defense services at preliminary appearance calendars
z
z
Providing social work services or sentencing mitigation as part of public
1:1
El
defense representation
Providing interpreter services for attorney-client interviews and
EJ
El
communications
Other use - supported by the WSBA Standards for Indigent Defense
Services (please explain)
(Use this space for the narrative paragraph detailed above, or use additional pages if
needed)
Grant County's progress since the initial disbursement in 2006 or later is well
documented. Since that time Grant County has developed a county department,
increased funds for investigators, experts, salaries, and working conditions. The
Department of Public Defense now appears at all first appearances for defendants who
are in custody in all courts.
Each lawyer is within caseload limits and all staff attorneys are now provided
clefenderData case management software. The Department of Public Defense has
added a reception ist/i nterpreter in 2021.
Grant County intends to use the grant funds to continue providing the required and
necessary services to be in complince with the Standards of Indigent Defense.
2021 County Application for Indigent Defense Funding Page 8
4.1 In what year did the county last update its public defense
standards ordinance as required by RCW 10.101.030? Please
attach the current standards ordinance or relevant section of
the county code,, or provide a web link if it is posted online. Year: 2014
Web link (if applicable):
4.2 Does the District Court or Superior Court offer any adult pre -filing or
post -filing diversion programs, including relicensing programs? If yes,
please describe the program(s). 0 Yes E] No
Formal programs from the past have been discontinued. The attorneys and courts use various
forms of post -filing diversion as negotiated.
The Juvenile Court uses standard statutory diversion programs liberally.
4.3 Please describe the county's indigency screening procedure (RCw 10-101-010 – 020), including
fees typically charged (if any), and attach any related written county policies and screening
documents used in:
a. Superior Court
The Department of Public Defense is notified of each first appearance and makes contact
with each person charged. In most cases the Court provisionally appoints an attorney and
sets the matter for arraignment. An attorney is appointed and will go through the indigent
defense screening documents, advice of rights forms and usually the Information, etc. with
the defendant. The Court will then appoint an attorney (or not) at the arraignment.
No fees are assessed.
b. District Court
OUT OF CUSTODY --At the combined first appearance/arraignment the Court will first address
indigency and make a finding at that hearing. Each person on an arraignment docket is
offered, and encouraged to fill out the indigency screening form. The clerk then notifies the
Department of Public Defense by e-mail, sending several documents to the Department. The
information is processed and an attorney assigned.
Fees are assessed only in rare circumstances. Perhaps between 1-5 times per year in my
estimation.
IN CUSTODY— Department staff attorneys appear at each in -custody first appearance docket
(for both preliminary appearances and first appearance after service of bench warrants). The
attorney will review advice of rights and indigency with the defendant. The attorney also
appears with the defendant at the hearing to help with the process. The Court will find (or
not) the defendant indigent at this hearing and assign counsel.
No fees are assessed.
c. Juvenile Court
2021 County Application for Indigent Defense Funding Page 9
A Public Defender is present at each initial appearance. The Judge appoints counsel at the
initial hearing and they are available without a need for continuance. Counsel has generally
met with the accused juvenile prior to the hearing. The attorney helps with the information
required at that hearing as well as the indigent appointment process.
4.41f attorney costs are ordered or assessed, is there a standard recoupment amount or does it
vary?
Superior Court
❑ Standard Amount: $
Amount Varies (typical range): $100-500
Recoupment of attorney costs is rarely or never ordered
District Court
❑ Standard Amount: $
H Amount Varies (typical range): $100
Z Recoupment of attorney costs is rarely or never ordered
Juvenile Court
❑ Standard Amount: $
❑ Amount Varies (typical range): $
Z Recoupment of attorney costs is rarely or never ordered
2021 County Application for Indigent Defense Funding Page 10
5.1 Do the county's public defense contracts (including sub -contracts and
assigned counsel policies) require the attorneys to compensate conflict
counsel, investigators or experts? ❑Yes 1'�7 No
L2J
If yes, please explain:
5.2 Does the county provide for extra compensation in cases of extraordinary
complexity? RCW 10.101.060(1)(a) 1'771 Yes EJNo
LLJ
If no, please explain:
5.3 If representation is provided by attorneys employed by a
public defense agency, are job classifications, compensation
and benefit levels comparable to local prosecuting attorneys? Yes
if no, please explain:
5.4 Are compensation amounts for contracted, sub -contracted, and assigned
counsel attorneys sufficient to cover administrative costs such as travel,,
telephone, technology, office space, supplies., "insurance,, taxes and
training?
if no, please explain:
Ohm
wl 4.
5.5 What is the average compensation rate for contract or assigned counsel? (Please use additional
pages if needed.)
Case Type
Amount
Base Rate
Additional
Compensation (e.g.
trial days)
Superior Court
$10,500
n Per Hour
$400 per day in trial.
Adult Felonies--
El Per Case
Class A, Persistent
® Per Month, Average
Offender
Monthly Caseload:
12.5 (full time) 7 is actual in
last two vears.
2021 County Application for Indigent Defense Funding Page 11
Standard Two: Duties and Responsibilities
5.6 In the Superior Court are public defense attorneys present and representing defendants at:
a. In -custody first appearance hearings where bail is addressed (defined in -] No
CrR 3.2.1)? E Yes F
2021 County Application for Indigent Defense Funding Page 12
M Other:
Superior Court
F-1 Per Hour
Adult Felonies —
n Per Case
Other Felonies
❑ Per Month, Average
Monthly Caseload:
El Other:
District Court
$271
El Per Hour
$200 per day in trial.
Misdemeanors and
® Per Case
Gross
El Per Month, Average
Misdemeanors
Monthly Caseload:
® Other: We pay a set amount
monthly for a maximum
number of cases. Max. varies
per contract. Works out to
about $271 if max is reached.
Juvenile Court
$7;000
0 Per Hour
$150 per day in trial.
Offender Cases
0 Per Case
[D Per Month, Average
Monthly Caseload: Unto
15.6 (3/4 time). Actual is
about 8.
El Other:
"Becca" Cases
El Per Hour
(Truancy,
El Per Case
Contempt, At -Risk-
E] Per Month, Average
Youth, CHINS)
Monthly Caseload:
El Other:
Civil Commitment —
El Per Hour
Mental
n Per Case
Health/Alcohol
E] Per Month, Average
Monthly Caseload:
El Other:
Appeals from
El Per Hour
Courts of Limited
n Per Case
Jurisdiction to
Ej Per Month, Average
Superior Court
Monthly Caseload:
(RALJ)
El Other:
Standard Two: Duties and Responsibilities
5.6 In the Superior Court are public defense attorneys present and representing defendants at:
a. In -custody first appearance hearings where bail is addressed (defined in -] No
CrR 3.2.1)? E Yes F
2021 County Application for Indigent Defense Funding Page 12
If no, please describe when and how defendants first have access to counsel:
b. Out -of -custody initial or first appearance hearings? "71 Yes ❑ No
LLJ
If no, please describe when and how defendants first have access to counsel:
c. Are public defense attorneys made available to consult with clients —] No
prior to first appearance or arraignment hearings.? �7 Yes
LN
5.7 In juvenile matters are public defense attorneys present and representing juveniles at:
a. In -custody first appearance hearings where bail is addressed (as
defined in JuCR 7.3 and JuCR 9.2(d))? 1'7 Yes E]No
V__�J
If no, please describe when and how juvenile defendants first have access to counsel:
b. Out -of -custody first appearance hearings? r�71 Yes F]No
LLJ
If no, please describe when and how juvenile defendants first have access to counsel:
c. Are public defense attorneys made available to consult with clients
prior to first appearance hearings? ❑Yes F] No
5.8 In the District Court are public defense attorneys present and representing defendants at:
a. In -custody first appearance hearings where bail is addressed (as
defined by CrRU 3.2.1)? r�7 Yes F]No
LLA
If no, please describe when and how defendants first have access to counsel:
b. Out -of -custody first appearance hearings? F1 Yes No
If no, please describe when and how defendants first have access to counsel:
2021 County Application for Indigent Defense Funding Page 13
At the combined first appearance/arraignment the Court will first address indigency and make
a finding at that hearing. Each person is offered, and encouraged to fill out the indigency
screening form. If found indigent, a clerk then notifies the Department of Public Defense by e-
mail, sending several documents to the Department. Business cards from the Department,
with instructions are given to those found indigent and they are encouraged to contact the
Department of Public Defense for the assigned attorney's contact information.
c. Are public defense attorneys made available to consult with clients
prior to first appearance hearings? ❑Yes E No
If no, please explain:
5.10 Are the attorneys' full caseloads (including private
cases and public defense cases from other jurisdictions)
within the limits set by the Washington Supreme Court? Yes ❑ No ❑Not sure
If yes was not selected, please explain:
91
5.12 In 2020 did the public defense attorneys use expert witnesses?
Superior Court felonies: H Yes F] No
District Court cases:
Juvenile Offender cases: 1'71 Yes F]No
IdLj
If no, please explain: In District Court, apparently the attorneys did not use expert witnesses.
There are funds earmarked and set aside for such use. Attorneys are encouraged to use those
funds. Covid had much to do with the lack cases and use of experts.
,Standard Five: Administrative. Costs
2021 County Application for Indigent Defense Funding Page 14
5.13 Do all county public defense attorneys (including contracted, sub-
contracted and assigned counsel attorneys) have offices or access to
private meeting space to accommodate confidential meetings with
clients?
If no, please explain:
5.14 If your county has a public defense agency (government or
non-profit), is there a ratio of one full-time supervisor for
every ten full-time staff attorneys? H Yes
If no, please explain:
5.15 Does your county have written criteria for the monitoring and
M
evaluation of attorney performance? F-1 Yes Z No
If no, please explain how monitoring and evaluation is conducted: We are a small enough office
that the supervisors and director are able to monitor and evaluate each attorney. Wedo. have
annual evaluations.
If yes, please attach a copy.
,Standards ,.Sxan�i Seven-: Inv estintors :and Supportp
5.16 Does the county identify funds specifically for the purpose of paying
defense investigators?.RCW 10.101.060(1)(a)
If no, please explain:
5.17 In 2020 did the public defense attorneys use investigative services?
Superior Court felonies: Z Yes
District Court cases: Z Yes No
Juvenile Offender cases: Z Yes ❑ No
If no, please explain:
5.18 How do public defense attorneys access investigator services? Please describe the steps that
attorneys (agency employees and contract/assigned counsel) must take to access these services.
We have a specific policy. Each attorney (contract or in house) will fill out a form that indicates
the tasks they would like to have and the hours anticipated that are needed. They are simply
emailed or given to the investigation coordinator and approval is usually given. There is also a
similar form to request additional investigator hours.
2021 County Application for Indigent Defense Funding Page 15
5.19 Are all public defense attorneys (employees, contractors and assigned counsel) permitted to
request additional funds in specific cases for the below -listed professional services?
Legal assistants: Yes F] No
Social Worl(er, Mitigation Experts: Yes No
Mental Health Professionals: Yes■No
Interpreters for out-of-court meetings: Yes No
Describe the request process:
Legal assistants -in house attorneys have legal assistants available. If a contracted attorney needs
additional help from a paralegel, social worker, mitigation specialists, they would need to petition
the court as required by court rule. CrR 3.1(f). Interpreters are available to use by simply calling a
contracted interpreter directly and arranging a time.
In house attorneys use our in house investigator at this time for mitigation specialist. However, if
there are additional funds needed, we would use the procedures of CrR 3.1(f) as those matters
have not been delegated to the department.
a. Number and type of cases.? r71_1 Yes No
LLJ
b. Attorney hours? ❑Yes No
c. Dispositions? � Yes No
d. Trials? [7 Yes F] No
Please describe any other reported data:
Because of the hybrid system we maintain,. the Department of Public Defense uses DefenderData
and therefore has access to all of this data. Because the DPD makes assignments to contractors,
DPD is aware of the number and types of cases each attorney has.
Hours are required only for "extraordinary cases" in order to apply appropriate credit to the
attorney"s caseload. This applies to staff attorneys and contractors as well.
We do have conflict/overflow attorneys who are assigned a handful of cases. The contract calls
for hourly billing. We are aware of hours spent.
If available, please attach a template or sample report.
Standard Nine: Training
2021 County Application for Indigent Defense Funding Page 16
5.21 Does the county require attorneys to attend seven hours of training
related to criminal defense each calendar year? RCW 10.101.050 Yes ❑ No
If no, please explain: (See attached OPD Training Policy)
Monitoring,and Evaluation o Attorneys
supervision
Standards Ten and
a.matio f A to eys
5.22 Who maintains the Certifications of Compliance with the Supreme Court Standards for
Indigent Defense filed in your county's courts?.CrR 11(d)(4), CrRU 3.1(d)(4), JuCR 9.2(d)(1)
Department of Public Defense collects certifications and they are filed quarterly with the clerk
of the respective courts.
How are Certifications made available for public review?
They are available at DPD office if query is made. The court clerks also maintain them in a file at
their offices that are presumably available to the public.
5.23 Has someone from the county verified that all attorneys that provide
public defense representation in your county filed Certifications for the
first and second quarters of 2021? Yes ❑ No
*Please provide copies of all Certifications filed by contra ct/assigned counsel attorneys for the 2nd
Quarter of 2021. (It is not necessary to provide Certifications of staff attorneys employed at
county or non-profit public defense agencies.)
f
: Co: nse'l
standard'Twelve.e ubstitution.o
5.24 Do any of the contracted or assigned counsel public defense attorneys
sub -contract with another firm or attorney to provide representation? 0 Yes Z No
If yes, please describe any practices put in place by the county to ensure that subcontracted
attorneys meet professional standards as required by RPC 1.8(m)(1):
5.25 Please describe the procedure for providing continued representation of existing clients
after a contract has been terminated:
The contracts provide for continued representation until the case is done. In circurnstanes where
an attorney cannot provide continuing representation we have simply gathered all of the
outstanding cases and reassigned the case. The new attorney would get credit for the new case.
2021 County Application for Indigent Defense Funding Page 17
Private to
Standard Thirteen: Limitations �on r vate �Prac ice,.
5.26 Does the county require contract public defense attorneys to report all
of their public defense contracts and "hours billed for nonpublic defense
legal services...including number and types of private cases?" L�i r771 Yes ❑ No
If no, please explain: (See attached OPD Time Reporting Policy and RCW 10.101.050.)
Fifte
J
Standarden. Disposition of Client -Complaints
5.28 Who does the county designate to receive and investigate complaints about public defense
services? Please provide the name and contact information for the person/office.
Brett Hill, Director of Public Defense
PO Box 37
Ephrata, WA 98823
509-754-6024
bhill@grantcountywa.gov
5.29 How are indigent defendants notified of the county's complaint policy and procedure?
Please provide a copy of the county's complaint procedure, complaint form, or any other relevant
documentation.
In Custody --Notices and direct line phone numbers are posted in the jail. There are notices in the
booking area and in each dorm of the jail. The jail staff is also aware and can give that information
to the defendant.
Out of custody --Relevant departments and the information desk are aware that they can refer any
question about public defense to the Department of Public Defense.
,.
Standards Sixteen, Seventeen Eighteen and Ninete. Termination/Removal, Non -Discrimination,
Guidelines for Awarding Defense fe d Independence d Oversight
nsetontracts,,an n epen ence an
5.30 Does your county experience challenges in recruiting and/or retaining
a sufficient pool of defense attorneys? M Yes ❑ No
If yes, please describe: When we advertise, we have not been getting many quality candidates. It
appears this is a problem for many counties across the the state at the present time.
2021 County Application for Indigent Defense Funding Page 18
5.31 Do the contracts (and/or assigned counsel policies) for public defense
attorneys include non-discrimination clauses? H Yes ❑ No
If no, please explain:
5.32 Are county judges, judicial staff, attorneys, county prosecutors, or law
enforcement officers involved in the selection of public defense
attorneys? WSBA Indigent Defense Services Standard 19 and RCW
10.101.040 F1 Yes No
If yes, please describe:
5.33 Briefly describe the process and criteria used for selecting contract and/or assigned counsel
public defense attorneys:
The County will usually, but not always openly advertise for contractors. When a contractor is
needed, we will search for and recruit candidates. They must meet all of the WSBA Standards for
Public Defense.
After contractors meet the minimum standards, there is a heavy weighting toward those who
are local, or willing to reside in the county.
The interviewing and selection has been the duty of the Director of Public Defense. The
Director will then make recommendations to the Board of County Commissioners with regard to
contacting with those attorneys.
5.34 Who in the county is responsible for overseeing contract attorneys,, sub -contract attorneys
and assigned counsel attorneys? What is their title/position?
Brett Hill, Director of Public Defense
PO Box 37
Ephrata, WA 98823
509-754-6024
bhill@grantcountywa.gov
5.35 Apart from filing certification forms, how is the county monitoring contract and assigned
counsel attorney compliance with the Supreme Court Standards for Indigent Defense, the WSBA
Standards for Indigent Defense Services, local public defense standards, and other contract
requirements (e.g. caseloads, case -related qualifications, scope of representation, scope of
work)?
Luckily, we are still a small enough county that the Director of Public Defense, supervisors and
administrative staff are able to monitor compliance.
5.36 Does your county public defense system include Rule 9 interns, and/or
collaborate with law schools? ® Yes ❑ No
2021 County Application for Indigent Defense Funding Page 19
If yes, please describe: Over the past three summers, we have been contacted by law students
and have been able hire them as rule 9 interns over the Summer. We have not had any particular
collaboration with a law school.
2021 County Application for Indigent Defense Funding Page 20
6.1 In recent years, what have been some specific budgetary, administrative, policy or other
changes that have improved county public defense services?
Grant County has had a county Department of Public Defense since about 2010. In 2013, the
Best Settlement Agreement was completed. Subsequently, all defense services have been
consolidated in the department. The Director has supervision and authority over all of the
matters of concern to public defense. This consolidation has been important in overseeing an
efficient model while ensuring compliance with applicable standards.
Given the recent changes in caseloads and the resulting need for fewer attorneys, we have a very
healthy budget and have been "over funded", if there can be such a thing.
We have, and are in the midst of having significant change on the bench --both in District and
Superior Courts. We are hoping that some of the challenges that have haunted our system will
imrpove with fresh judicial officers.
6.2 In recent years, what have been some challenges to delivering county public defense
services? Have those challenges been resolved? Please explain.
Grant County experiences the same challenges that are general to any provider of indigent
defense. One of the greatest challenges from the perspective of those in the Department is
obtaining adequate support staff. This continues to be an issue. In 2021 we have received a
budget for, and hired a receptionist. This was a new position. The receptionist is fluent in
spanish and is a good interpreter. The position helps us serve our clients better and frees up
time for other staff when supporting attorneys or administration.
6.3 Are the public defense attorneys (employee/contractor/assigned counsel) in your county
currently experiencing a backlog or higher -than -usual level of pending cases resulting from the
COVID-19 pandemic court closures and jury trial suspensions? If so, what are the county"s plans
for addressing the pending workload?
Yes, there may be a slightly higher level of backload. The most obvious are cases that need to be
tried. But with the significant decrease in cases assigned, there is little concern with the capacity
to deal with this situation. Our felony attorneys are at about 60% of maximum case loads. This
has been the case for a couple of years. The decreasing trend predates COVID but was greater
during COVID.
2021 County Application for Indigent Defense Funding Page 21
7.1 If the county has public defense contracts, complete the Table of Public Defense Contracts (see
Table I on next page), and provide a copy of each current contract in alphabetical order by
attorney name. Please include contracts between attorneys and county, as well as any attorney
subcontracts (if applicable). Failure to provide current contracts could result in an incomplete
application (RCW 10.101.050).
7.2 If the county appoints public defense attorneys from a list, provide the name of each •
and the compensation rate in the Table of List -Appointed Public Defense Attorneys (see
•.
Ily
7.3 If available and applicable, provide an organizational chart of the county public defense
agency/agencies or non-profit public defense agency,,
7.4 If the county has a public defense agency,, or contracts with a non-profit public defense agency,
complete Table III to indicate the number of FTEs within each job category.
7.5 Please include the following items with the county's application. Failure to include any of the
required items could result in an incomplete application.
Case -weighting policy, if applicable (see question 2.2)
Z Narrative detailing county's proposed use for state funding (see question 3.1)
Z County's public defense standards (see question 4.1)
Z Indigency screening forms and related documents (see question 4.3)
❑ Written criteria for monitoring and evaluating attorney performance (see question 5.15)
❑ Sample template or report for monthly or quarterly attorney activity, if applicable (see
question 5.20)
Z 2nd Quarter 2021 Certifications filed (see question 5.23)
❑ Complaint procedure, forms or other relevant documentation (see question 5.29)
❑ Policy/Procedures for monitoring attorney performance under the county's public
defense contracts, if applicable (see question 5.35)
r�71 Currently effective public defense contracts (see question 7.1)
LLSI
r�71 Organizational chart of the county public defense agency/agencies or non-profit public
V\i
defense agency (see question 7.3)
❑ Other relevant information (applicant's discretion)
2021 County Application for Indigent Defense Funding Page 22
Declaration
/ declare under penalty of perjury under the laws of the State of Washington that the foregoing
infor j
ionion is rue a torr ct.
A
A
Sig ature
neo G�� rZ
Printed Name- Title
Date
Place 001?
2021 County Application for Indigent Defense Funding Page 23
Washington State Office of Public Defense
Table. 1: Public Defense Contracts Currently in Effect for 2021
Name of attorney/firm
(If firm, please identify the total
number of attorney FTEs and the
name of each attorney handling public
defense cases.)
No. of
Superior
Court cases
per contract
No. of
District
Court cases
per contract
No. of
Juvenile
Court
offender
cases per
contract
No. of other
case types
per contract
(please
specify)
Conflict
cases only?
Yes/No
Burgess, Paulette - 1
400
No
Couture, Lyliane
Varies
Yes
Earl, Michael -.86
344
No
Earl, Patrick - .86
344
No
Edwards, Jonathan - .6
240
No
Kentner, Robert - 1
150
No
Morgan, Michael - 1
150
No
Prince, Michael - .86
344
No
Sigle, Dovie -.75
187.5
No
Thonney, Bradley - .8 6
344
No
Wolfstone, Thomas
Varies
Yes
Washington State -Office of Public Defense
Table II: list -Appointed Public Defense Attorneys 2421
Name of Attorney/Firm
(If firm, please identify the total number of attorney FTEs
and the name of each attorney handling public defense
cases.)
Method and Rate of
Payment
(per case/per hour, etc.)
Approx. no. of Cases
Assigned per Year
(specify case type, e.g.
felony, misdemeanor,
juvenile, etc.)
Washington State Office of Public Defense
Table 111: 2021 FTEs County or Non -Profit Public Defense Agency
Job Category
Number of Full Time Equivalents (FTEs)
Supervising Attorney (no caseload)
I
Attorney
8
Investigator
I
Social Worker or Mitigation Expert
Attorney Assistant*
2
Administrative Staff"
2
Other (describe below)
Other:
*Attorney Assistant refers to employees who directly support attorneys in legal representation and
client services. Examples include trial assistant, legal assistant, paralegal, and docket clerk staff.
"Administrative Staff refers to employees who provide office services rather than direct attorney or
client services. Examples include reception, information technology, human resources, and finance.
Estimated State Funding Distribution t® Counties for Calendar Year 2022
CountyZUZU
Adams
*H11 Population
Estimate*
20,020
2020 Superior Court
Filings"
160
Estimated
• •
$27,864
Asotin
22,420
125
$26,109
Benton
197,420
1,636
$201,069
Chelan
77,800
687
$71228
Clallam
75,130
446
$68,725
Clark
479,500
21768
$3881023
Columbia
41150
40
$13,352
Cowlitz
107,310
1,504
$157,477
Douglas
421120
223
$40,758
Ferry
71780
53
$151625
Franklin
92,540
684
$93,122
Garfield
21210
21
$11,274
Grant
97,350
528
$83,018
Grays Harbor
73,610
539
$74,734
Island
83,860
251
$57,719
Jefferson
31,590
213
$35,902
King
21190,200
518771
$1,242,969
Kitsap
267,120
1,461
$212,148
Kittitas
45,600
338
$50,664
Klickitat
21,980
71
$22,241
Lewis
78,380
11104
$117,669
Lincoln
10,810 -
77 �
$18,487
Mason
64,020
° 478
$67,070
Okanogan
42,490
352
$49,888
Pacific
21,420
179
$29,738
Pend Oreille
13,540
114-
$22,170
Pierce
872,220
31084
$554,420
San Juan
16,810
25
$16,966
Skagit
1261520
906
$121,256
_Skamania
111890
61
$17,746
Snohomish
805,120
11896
$4431209
Spokane
507,950
51191
$572,037
Stevens
45,030
426
$56,250
Thurston
281,700-
1,580
$227,494
Wahkiakum
41100
29
$12,563
Walla Walla
61,800
478
$651973
Whatcom
220,350
11637
$2091111
Whitman
49,210
291
$48,093
[Yakima
254,500
21211
$261,515
* Washington Office of Financial Management, April 1, 2020 Official Population Estimates
https:Hofm.wa.gov/washington-data-research/popula_tion-demographics/population-estimates/april-l-official
population -estimates
"Criminal Cases Filed in Superior Court 2020, Caseloads of the Courts of Washington
https://www.courts.wa.gov/caseload/?fa=case load.showReport&leve l=s&freq =a&tab=crimin al&fileID=crmfilyr
t King County Criminal Cases Filed, King County Superior Court 2020 Annual Statistical Report
https://kingcounty.gov/^'/media/courts/Clerk/docs/Statistics/AnnualReport2020 ashx?la=en