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