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HomeMy WebLinkAboutAgreements/Contracts - Public Defensel� YJ. JimGRANT COUNTY DEPARTMENT OF PUBLIC DEFENSE MEMORANDUM Date: August 12, 2020 To: Board of County Commissioners From: Brett Hill, Director Re: RCW 10.101 Public Defense Fundin 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. 13 2020 Internet Email: opd(a)opd.wa.00v WASHINGTON STATE (360) 586-3164 www.oi)d.wa.gov OFFICE OF PUBLIC DEFENSE FAX (360) 586-8165 TO: County Officials FROM: Joanne Moore, Director DATE: June 22, 2020 RE: Application for State Public Defense Funding for Calendar Year 2021 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 2021. Application materials also are available at www.opd.wa.gov. The projected 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. Due to state budget uncertainties and the potential for a special session this summer, the total amount could change. Completed applications are due at the Washington State Office of Public Defense (OPD) by 5 p.m., Friday, August 31, 2020. OPD will notify applicants of funding status in October and will mail out disbursements in early January. New this year 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). 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 appointing conflict counsel. OPD managing attorneys are available to work with counties regarding compliance with Chapter 10.101 RCW as well as applicable case law and court rules, 711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957 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 a customizable model misdemeanor case weighting policy. For information regarding the improvement of public defense services or this application, contact OPD Public Defense Services Managers Katrin Johnson Katrin.Johnson@opd.wa.eov, 360-586-3164 ext. 108 or George Yeannakis, George.Yeannakis@opd.wa.eov, 360-586-3164 ext. 102. 2020 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, all 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 n/a. County: Grant Coun Contact Name: Brett Hill Title: Director of Public Defense Mailing Address: PO Box 37 City: Phone: Ephrata 509-754-6027 Email Address: bhill@grantcountywa.gov State Vendor Number: SWV0002426-25 Zip Code: 98823 For more information see: http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx NOTE. Completed applications are due to OPD by 5 p.m., Friday, August 31, 2020. 1.1 In 2019, 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(1) 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. b. Adult Felony: $Included 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 2020 County Application for Indigent Defense Funding Page 3 restraint petitions; and habeas petition hearings in Superior Court where counsel is appointed. c. Adult Misdemeanor: $Included 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 ® 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 litem 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 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? ® yes ❑ No 2020 County Application for Indigent Defense Funding Page 4 1.2 Out of the amount(s) listed in question 1.1, approximately how much was spent on the following public defense services in 2019? Investigation: $177,000 Experts: $90,007 Social workers/social service/mitigation experts: $ ❑ Unknown ❑ Unknown ❑ Unknown Interpreter services for attorney-client meetings: $75,000 ❑ Unknown 2020 County Application for Indigent Defense Funding Page 5 2.1 In 2019, attorneys providing indigent defense representation had the following case assignments: a. If the county uses a public defender agency, such as a department of assigned counsel or a non-profit public defense firm whose practice is limited to public defense, 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. 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 # of FTE Average per - defense cases violations/post violations/post assigned to all Types of Cases assigned to all sentencing cases agency attorney agency attorneys assigned attorneys caseload Superior Court adult felonies 512 93 5.3 115 District Court misdemeanors 1128 Included 3.5 322 and gross misdemeanors 3 Juvenile Court offender cases 12 5 .1 120 "Becca" cases (truancy 115 .5 230 contempt, at -risk -youth, CHINS) Civil commitment — mental health/alcohol Appeals from Courts of 8 Limited Jurisdiction to Superior Court (RAU) 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. 2020 County Application for Indigent Defense Funding Page 6 Total # of public # of probation # of attorneys with Types of Cases defense cases violations/post public defense contracts assigned to all sentencing cases (or on appointment list) attorneys assigned Superior Court adult felonies 180 5 District Court misdemeanors 1774 Included 5 and gross misdemeanors Juvenile Court offender cases 161 60 3 2020 County Application for Indigent Defense Funding Page 6 "Becca" cases (truancy 6 3 contempt, at -risk -youth, CHINS) Civil commitment — mental health/alcohol Appeals from Courts of 1 1 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? ❑ Yes ❑ No ❑ N/A 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. ® Yes ❑ No 2.3 What is the county's method for counting probation violations and other post -sentencing cases? In Superior Court 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 and so each case is given full case credit. 2020 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 2020, and how the funds will be used in 2021. 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: 2020 2021 Creating or expanding a county or regional public defense agency ❑ ❑ Providing an attorney coordinator who oversees contracts with ❑ ❑ attorneys providing public defense Adding attorneys to reduce public defense caseloads Adding investigator services Adding expert services Increasing public defense attorney compensation Providing public defense services at preliminary appearance calendars Providing social work services or sentencing mitigation as part of public ❑ ❑ defense representation Providing interpreter services for attorney-client interviews and ❑ ❑ 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 defenderData case management software. 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. 2020 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 4.2 Does the Superior Court administer any adult or juvenile specialty courts (for example, drug court or mental health court)? If yes, what type(s) of specialty court(s)? ❑ Yes ® No 4.3 Does the District Court administer any criminal specialty courts (for example, mental health court or drug court)? If yes, what type(s) of specialty court(s)? ❑ Yes ® No 4.4 Does the county offer any pre -filing or post -filing adult diversion programs, including relicensing programs? If yes, please describe the program(s). ® Yes ❑ 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. 4.5 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 2020 County Application for Indigent Defense Funding Page 9 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 appointed. 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 matters 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 and the indigent appointment process. 4.6 If attorney costs are ordered or assessed, is there a standard recoupment amount or does it vary? Superior Court ❑ Standard Amount: $ ❑ Amount Varies (typical range): $ ❑ Recoupment of attorney costs is rarely or never ordered District Court ❑ Standard Amount: $ ® Amount Varies (typical range): $100 ® Recoupment of attorney costs is rarely or never ordered Juvenile Court ❑ Standard Amount: $ ❑ Amount Varies (typical range): $ ® Recoupment of attorney costs is rarely or never ordered 2020 County Application for Indigent Defense Funding Page 10 RCW 10.101.060 requires each county that receives state funds to document to the Washington State Office of Public Defense that it is meeting the WSBA Standards for Indigent Defense Services, or that state funds are being used to make "appreciable, demonstrable improvements in the delivery of public defense services." The following questions address many of the provisions set forth in statute and the WSBA Standards for Indigent Defense Services. Standard One: Compensation 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 ®No If yes, please explain: 5.2 Does the county provide for extra compensation in cases of extraordinary complexity? RCW 10.101.060(1)(a) ® Yes ❑ No If no, please explain: 5.3 If public defense is provided by attorneys employed by a public defense agency, are job classifications, compensation and benefit levels comparable to local prosecuting attorneys? ® Yes ❑ No ❑ N/A 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? ® Yes ❑ No If no, please explain: Standard Two: Duties and Responsibilities 5.5 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 CrR 3.2.1)? ® Yes ❑ No If no, please describe when and how defendants first have access to counsel: b. Out -of -custody initial or first appearance hearings? ® Yes ❑ No 2020 County Application for Indigent Defense Funding Page I 1 If no, please describe when and how defendants first have access to counsel: 5.6 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))? ® Yes ❑ No If no, please describe when and how juvenile defendants first have access to counsel: b. Out -of -custody first appearance hearings? ® Yes ❑ No If no, please describe when and how juvenile defendants first have access to counsel: 5.7 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)? ® Yes ❑ No If no, please describe when and how defendants first have access to counsel: b. Out -of -custody first appearance hearings? ❑ Yes ®No If no, please describe when and how defendants first have access to counsel: 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. Standard Three: Caseload Limits 5.8 Do the county's public defense contracts (and subcontracts, if applicable) specify the types of cases for which representation shall be provided and the maximum number of cases each attorney shall be expected to handle? ® Yes ❑ No If no, please explain: 2020 County Application for Indigent Defense Funding Page 12 5.9 Are the full caseloads of the public defense attorneys (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: Standard Four: Responsibility for Expert Witnesses 5.10 Does the county identify funds specifically for the purpose of paying defense experts? RCW 10.101.060(1)(a) ® Yes ❑ No If no, please explain: 5.11 In 2019 did the public defense attorneys use expert witnesses? Superior Court felonies: ® Yes ❑ No District Court cases: ❑ Yes ❑ No Juvenile Offender cases: ® Yes ❑ No 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. Standard Five: Administrative Costs 5.12 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? ❑ Yes ❑ No If no, please explain: Standards Six and Seven: Investigators and Support Services 5.13 Does the county identify funds specifically for the purpose of paying defense investigators? RCW 10.101.060(1)(a) ® Yes ❑ No If no, please explain: 5.14 In 2019 did the public defense attorneys use investigative services? Superior Court felonies: ® Yes ❑ No District Court cases: ® Yes ❑ No Juvenile Offender cases: ® Yes ❑ No 2020 County Application for Indigent Defense Funding Page 13 If no, please explain: 5.15 How do public defense attorneys get access to 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. 5.16 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 ❑ No Social Worker, 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 contacted 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. Standard Eight: Reports of Attorney Activity 5.17 Do the public defense attorneys maintain a case reporting and case management system? ® Yes ❑ No If yes, do the attorneys report the following to the county? a. Number and type of cases? ❑ Yes ❑ No b. Attorney hours? ❑ Yes ❑ No c. Dispositions? ® Yes ❑ No d. Trials? ® Yes ❑ No Please describe any other reported data: 2020 County Application for Indigent Defense Funding Page 14 Because ofthe 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 5.18 Does the county require public defense 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) Standards Ten and Eleven: Supervision, Monitoring and Evaluation of Attorneys 5.19 Which individual/entity maintains the Certifications of Compliance with the Supreme Court Standards for Indigent Defense filed in your county's courts? CrR 3.1(d)(4), CrRU 3.1(d)(4), JuCR 9.20)(1) Department of Public Defense collects certifications and they are filed quarterly with the clerk of the respective courts. How are the 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. 5.20 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 2020? ® Yes ❑ No *Please provide copies of all Certifications filed by contract/assigned counsel attorneys for the 2nd Quarter of 2020. (It is not necessary to provide Certifications of staff attorneys employed at county or non-profit public defense agencies.) 5.21 Who in the county is responsible for overseeing contract attorneys, sub -contract attorneys and assigned counsel attorneys? What is their title/position? 2020 County Application for Indigent Defense Funding Page 15 Brett Hill, Director of Public Defense 5.22 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)? The Department of Public Defense makes each assignment. Records are kept as to ongoing caseload and the pro -rata progress toward a full caseload. Therefore, the Director and Supervisor are aware of current caseloads. With regard to other standards, the Director simply keeps track of qualifications and assigns the cases accordingly. Cases are assigned according to the Standards of Indigent Defense. Work is monitored by personal observation and regular personal meetings with each attorney. Standard Twelve: Substitution of Counsel 5.23 Do any of the contracted or assigned counsel public defense attorneys sub -contract with another firm or attorney to provide representation? ❑ Yes ® 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): 5.24 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 circumstanes 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. Standard Thirteen: Limitations on Private Practice 5.25 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?" ® Yes ❑ No If no, please explain: (See attached OPD Time Reporting Policy and RCW 10.101.050.) Standard Fourteen: Qualifications of Attorneys 2020 County Application for Indigent Defense Funding Page 16 5.26 Do all attorneys providing public defense services in the county meet the qualification requirements as identified in Standard Fourteen of the WSBA Standards for Indigent Defense Services? ® Yes ❑ No If no, please explain: Standard Fifteen: Disposition of Client Complaints 5.27 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 5.28 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, and Eighteen: Termination/Removal, Non -Discrimination, and Guidelines for Awarding Defense Contracts 5.29 Do the contracts (and/or assigned counsel policies) for public defense attorneys include non-discrimination clauses? ® Yes ❑ No If no, please explain: 5.30 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. 2020 County Application for Indigent Defense Funding Page 17 5.31 Are county attorneys, county prosecutors, or law enforcement officers involved in the selection of public defense attorneys? RCW 10.101.040 ❑ Yes ® No If yes, please describe: 2020 County Application for Indigent Defense Funding Page 18 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. 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 bean issue. The county has approved anew receptionist wich will help this situation. However, there is currently a hiring freeze related to the Covid-19 problem. We are awaiting being able to hire for that position when the budgetary concerns are resolved. 6.3 In 2020 many changes have been made to the criminal justice system due to the COVID-19 pandemic. What have been the most significant challenges to public defense services during this time? Please explain. The most sifnificant challenge has been dealing with caseload management. We are lucky to be in a situation where our budget was healthly enough to withstand the requests made of us without too much of an issue. But there was a significant decrease of caseload during the early time of Covid-19. The Prosecuting Attorney has taken the opportunity of a "slow time" to file a large number of cases in a backlog of charging requests. It has been, and is difficult to predict the number of attorneys we need and to keep caseloads within standards on an ongoing basis. Another challenge has been our ability to resolve cases appropriatly without the ability to go to, or threaten to go to trial. The pressure to resolve is simply not there. This also will add to the former problem of caseload management going forward. 2020 County Application for Indigent Defense Funding Page 19 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 attorney and the compensation rate in the Table of List -Appointed Public Defense Attorneys (see Table 11). 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) ® Narrative detailing county's proposed use for state funding (see question 3.1) ® County's public defense standards (see question 4.1) ® Indigency screening forms and related documents (see question 4.5) ❑ Sample template or report for monthly or quarterly attorney activity, if applicable (see question 5.17) ® 2"d Quarter 2020 Certifications filed (see question 5.20) ® Policy/Procedures for monitoring attorney performance under the county's public defense contracts, if applicable (see question 5.22) ❑ Complaint procedure, forms or other relevant documentation (see question 5.28) ® Currently effective public defense contracts (see question 7.1) ❑ Organizational chart of the county public defense agency/agencies or non-profit public defense agency (see question 7.3) ❑ Other relevant information (applicant's discretion) 2020 County Application for Indigent Defense Funding Page 20 Declaration 1 declare under penalty of perjury under the laws of the infor i true a co ect. Signature (' I c , 8 Noy 060 Printed Name Title State of Washington that the foregoing Date Ephrata, WA Place 2020 County Application for Indigent Defense Funding Page 21 Washington State Office of Public Defense Table I: Public Defense Contracts Currently in Effect for 2020 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 Couture, Lyliane - .03 Varies Yes Earl, Michael -.86 344 Earl, Patrick - .86 344 Varies Edwards, Jonathan 344 Kentner, Robert 150 Lindholt, Karen Yes Morgan, Michael 150 Prince, Michael 344 Sigle, Dovie 187.5 Thonney, Bradley 344 Wolfstone, Thomas Varies Yes Washington State Office of Public Defense Table II: List -Appointed Public Defense Attorneys 2020 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 III: 2020 FTEs — County or Non -Profit Public Defense Agency Job Category Number of Full Time Equivalents (FTEs) Supervising Attorney (no caseload) 1 Attorney 8 Investigator 1 Social Worker or Mitigation Expert Attorney Assistant* 2 Administrative Staff** 1 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.