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HomeMy WebLinkAbout*Other - Public Defensekno In "- ��' - 7 GRANT COUNTY 4 DEPARTMENT ®F PUBLIC DEFENSE a�a:x,�aawe+:m�auwwhwavavxa,w:waaauc�u yrU 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 F% STA 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