HomeMy WebLinkAbout*Other - Public DefenseLMI-
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DEPARTMENT OF PUBLIC DEFENSE
MEMORANDUM
Date.- July 31, 2019
To: Board of County Commissioners
From: Brett Hill, Director
Re: RCW 10.101 Public Defense Funding
Attached for your consideration and signature, please find our 2019 Application for RCW 1. 0. 10 1
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 r :"E`C-L�
-1(30''NTY COMMISiSIONERS
Internet Email: opdagpd.wa.gov WASHINGTON STATE (360) 586-3164
OFFICE OF PUBLIC DEFENSE FAX (360) 586-8165
TO: County Officials
`
FROM: Joanne Moore, Director
DATE: June 3, 2019
RE: Application for State Public Defense Funding for Calendar Year 2020
RCW 10.101.050 allows counties to apply for a pro rata share of state funds toimprove the
quality ofpublic defense services for juveniles and adults. Attached |sanupdated appUoaton
for funding in calendar year 2020, and a table of the estimated pro rata share available to each
county. Application materials also are available at www.opd.wa.gov.
Please note that the estimated funding amount for each county may differ from current
funding amounts. The differences may be due to changes in the legislative appropriation as well
as each county's increase or decrease in population and felony filings. Population and felony
filings are significant components of the funding distribution formula established in RC1W
10.101.070.
Completed applications are due at the Washington State Office of Public Defense (OPD) by 5
p.m., Friday, August 16i20l9.OPD will notify applicants Offunding authorization inOctober
and will disburse funds nolater than the first week ofJanuary 2O2O. Applications should be
submitted as a PDF email attachment to Nicole Dodge at Nicole. Dodge@o-pd.wa.gov.
Per counties inreceipt ofstate funds must document that they are meeting
the WSBA Standards for Indig t Defense Services, orthat funds are being used tomake
appreciable demonstrable improvements to public defense services. Attached is a policy on
eUovvab>euses for the funding. Pursuant tostatute, state funds cannot beused 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 forcontinuedfundinguponacount/seffoMstoensure
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 1OB~p.O.Box 40857~Olympia, VVoohingbonQ85O4'O057
appointing conflict counsel. C]P[>managing attorneysareavai/ab|etovvorkvvithcounties
regarding compliance with Chapter 10.101 R.CW as well as applicable case law and court rules.,
including the state Supreme Court's Standards for Indigent Defense. OPD has also made
available avarietvof
, and caseload
limits, such as. an FAQ on the Standards, web tutorials, sample caseload calculators, and a
custornizable model misdemeanor case weighting policy.
Finally, the application isvery similar tolast year's.There are some wording changes
throughout, but here are afew new items you haven't seen before: -
° 5.l5—how attorneys access investigator services;
w 5.16 — whether attorneys have access to additional professional services;
w 5.2O—arequest for copies offiled Certifications for the second quarter of2019;
0 5.2l—who isresponsible for overseeing contract counsel; and
0 Table III —the number and category of FTEs employed at county and/or non-profit
public defense agencies.
For information regarding the improvement ofpublic defense services orthis application,
contact OPD Public Defense Services Managers KathnJohnson
3GC-58G~3l64ext. lODOrGeorge YeGDD@kis, 360-586 -3164
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2019 Application for Chapter 10.101 RCW
Public Defense Improvement Funds
The information provided in this Application must reflect a// 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 n1o.
County:
Grant County
Contact Name:
Brett Hill
Title:
Director of Public Defense
Mailing Address:
PO Box 37
City:
Ephrata Zip Code: 98837
Phone:
509-754-6027
Email Address:
bhill@grantcountywa.gov
State Vendor Number: SWV0002426-25
For more information see:
httr)://www.des.wa.govZservices/ContractingPurchasing/Business/VendorPaV/`Pages/defauIt.aspx
NOTE: Completed applications are due to OPD by 5 p.m., Friday, August 16, 2019.
1.1 In 2018, the total costs for county indigent defense services were as follows:
$3,p01%399.18
gen -D
aGeneral indi t, e ense:
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.
2019 County Application for Indigent Defense Funding Page 3
restraint petitions; and habeas petition hearings in Superior Court where counsel is
appointed.
c Ad -it
uMisdemeanor:
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.?
2019 County Application for Indigent Defense Funding Page 4
h6 $wot Provided
he
Divi l Commitments--Mental-H6alth/Alc6
All costs associated withproviding 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 Z Yes F� No
& Reporting System (BARS) categories?
1.2 Out of the amount(s) listed in question 1.1, approximately how much was spent on the
following public defense services in 2018?
Investigation: $170,000 F-1Unknown
Experts: $80,000 F-1 unknown
Social workers/social ❑Unknown
service/mitigation experts: $
Interpreter services for
attorney-client meetings: $87,500 F-1Unknown
I all I-
2019 County Application for Indigent Defense Funding Page 5
2.1 In 2018, 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-,
2019 County Application for Indigent Defense Funding
A P Page 6
# f p obation
.0
- FTE:
ypes p ries T f C__
fases assid
o gne
��:v o ath other.-,
F.0 1C:1
defensettorney
A verage per-
to agency a or ne y�
t g,
post sentencln
a
tases assid
egn
oigency,-:
..:,case oa d
att Orneys
SUperior ourt adult
502
89
5
118.2
District Court misdemeanors-
1426
Inculded
4
357
,and gross misdemeanors
Juvenile Court ffe0dercase.s.5
.02
250
J ven, e Curt
-6 i,
4_ dep.en-dency/term i nate on
cases..:,*-,,
B ek.cayp..cases-. trUahc
90
.25
3
60
contempt at
CHINS)
CivilCommi mient mental...
health/alcohol ...__:.
i..�
Appeals from `Courts of
10
5
2
limited J idi_ i
ur- s ct on 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.
ofpUblic defense
probation
of
orney� with
....,Types of Cases
.�'cases assigne o
violations other
:,..t
�public de
defense cont a s
acts
attorne YSdor
Dos �sentenc�nig:
on appointment list)
cases assigned
Superior Court adult felonies
229
If any, included is
4
the case count.
2019 County Application for Indigent Defense Funding
A P Page 6
District CoUr misdemeanors..
1676
Included
5
and gross misaerneanors
Juvenile Coffender cases:
159
30
9 (2 primary attorneys
and others used for
conflicts)
Juvenile Cou rt
Open
''denc, erminatio
Becca:_:cases truancy
56
.,contempt,. at -risk -youth;
; .CHINS)
cCivil nnent - mental
:health/alcohol
Appeals 11 firom Courts 0
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?
F� Yes ❑ No 1771 N/A
LLJ
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 ®Yes E] No
county's case -weighting policy.
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.
2019 County Application for Indigent Defense Funding Page 7
3.1 Please indicate |n the table below and attach a narrative paragraph explaining how the county
used RCW 10.101 funds in 2019, and how the funds will be used in 2020. The table below
reflects common allowed uses of funds. See the attached policy for a hist of allowed and
prohibited uses. Note that state funds cannot beused tosupplant county funds that were being
spent on public defense services prior to the initial disbursement of state funds (2006 for most
counties).
Services (please explain) | L -i | L_i
(Use this space for the narrative paragraph detailed above, or use additional pages if
needed)
Grant County's progress since the initial disbursement in2006orlater is well
documented. Since that time Grant County has developed acounty department,
increased funds for investigators, experts, salaries, and working conditions. The
Department of Public Defense now appears atall first appearances for defendants who
are incustody |nall courts.
Each lawyer iswithin caseload limits and all staff attorneys are now provided
defenderDatgcase management software.
Grant County intends to use the grant funds to continue providing the required and
2019 County Application for Indigent Defense Funding Page 8
-201
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
F_7
Adding investigator services
1�7
Adding expert services
F7
Increasing public defense attorney compensation
Providing public defense services at preliminary appearance calendars
F7
F7
Providing interpreter services for attorney-client interviews and
communications
F1
Other use - supported by the WSBA Standards for Indigent Defense
Services (please explain) | L -i | L_i
(Use this space for the narrative paragraph detailed above, or use additional pages if
needed)
Grant County's progress since the initial disbursement in2006orlater is well
documented. Since that time Grant County has developed acounty department,
increased funds for investigators, experts, salaries, and working conditions. The
Department of Public Defense now appears atall first appearances for defendants who
are incustody |nall courts.
Each lawyer iswithin caseload limits and all staff attorneys are now provided
defenderDatgcase management software.
Grant County intends to use the grant funds to continue providing the required and
2019 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 RDW 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)? ❑YesV\1 No
4.4 Does the county offer any pre -filing or post -filing adult diversion
programs, including relicensing programs? If yes, please describe the ®Yes Nd
program(s).
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.
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
2019 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.
No fees are assessed.
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( o r
not) the defendant indigent at this hearing and assign counsel.
No fees are assessed.
c. 'ju, veni.le court matters
A Public Defender is present at each initial appearance. The Jud ge a*ppoints co unset at the
initial hearing and they are available without a need for continuance. Counsel has generally
met with the accused juvenile prior t - o 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
0 Standard Amount: $
E] Amount Varies (typical range): $
F7
Recoupment of attorney costs is rarely or never ordered
District Court
❑ Standard Amount: $
1771 V Amount Varies (typical range): $100
r7/1
LL-Nj Recoupment of attorney costs is rarely or never ordered
Juvenile Court
❑ Standard Amount: $
Amount Varies (typical range): $
r7'-71 Recoupment of attorney costs is rarely or never ordered
LL"Isi
2019 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.
5.1 Do the county's public defense contracts (including sub -contracts and
assigned counsel policies) require the attorneys to compensate conflict ❑Yes 17/1 No
counsel, investigators orexperts?LLN_J
If yes, please explain:
5.2 Does the county provide for extra compensation in cases of extraordinary r7 Yes ❑ No
complexity? RCW 10.101.060(l)(a), V\J
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? Z 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:
70�m�
Z Yes E] No
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) ? Z Yes ❑ No
If no, please describe when and how defendants first have access to counsel:
b. out -of -custody initial or first appearance hearings?
1'71 Yes F-] No
V\\1
2019 County Application for Indigent Defense Funding Page 11
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 juvenile defendants
at:
a. In -custody first appearance hearing where bail is addressed (as defined
in JuCR 7.3 and JuCR )? r�7 Yes ❑ No
V\J
If no, please describe when and how juvenile defendants first have access to counsel:
b. Out -of -custody first appearance hearing? �71 Yes No
V\J
If no, please describe when and how juvenile defendants first have access to counsel:
5.7 In the District Court in criminal matters, 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 F] No
If no, please describe when and how defendants first have access to counsel:
b. Out -of -custody first appearance hearings? ❑Yes [7 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 indigent
y
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.
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?
L^j Yes ❑ No
If no, please explain:
2019 County Application for Indigent Defense Funding Page 12
5.9 Are the 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? N Yes ❑ No ❑Not sure
If yes was not selected, please explain:
5.10 Does the county identify funds specifically for the purpose of paying
defense experts? R.CW 10.101,060 I a
L)L�
If no, please explain:
5.11 In 2018 did the public defense attorneys use expert witnesses?
Superior Court felonies: Yes 0 No
District Court cases: Yes ❑ No
Juvenile Offender cases: Yes ❑ No
If no, please explain:
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?
If no, please explain:
5.13 Does the county identify funds specifically for the purpose of paying
defense investigators? RCW 10.101.060(1)(a)
If no, please explain:
5.14 In 2018 did the public defense attorneys use investigative services?
Superior Court felonies: � Yes
LJ No
District Court cases: M Yes
F] No
Juvenile Offender cases: Yes
F] No
RAN
Z Yes ❑ No
If no, please explain:
2019 County Application for Indigent Defense Funding Page 13
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: r7 Yes ❑ No
V\j
Social Worker, Mitigation Experts: Y e s ❑ No
Mental Health Professionals: Yes ❑ No
Interpreters for out-of-court meetings:V\11 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 top etition
the court as required by court rule. CrR 3.1(f). Interpreters are available to use by s'imply calling
r
the 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.
5.17 Do the public defense attorneys maintain a case reporting and case
management system? r7 Yes No
V\j
If yes, do the attorneys report the following to the county?
a. Number and type of cases? r�7 Yes F� No
V\j
b. Attorney hours.? ❑Yes No
c. Dispositions? F7
v\j Yes ❑ No
d. Trials? r�7 Yes ❑ Na
V\�
Please describe any other reported data:
2019 County Application for Indigent Defense Funding Page 14
Because of the hybrid system we maintain., the Department of Public Defense uses DefenclerData
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.
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 F] No
If no, please explain: (See attached OPD Training Policy)
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 3A d)'4), CrRU3.1(d'(41JuCR
9.2(d)(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 secondquarters of 2019? r7 Yes ❑ No
LLIJ
*Please provide copies of all Certifications filed for the 2nd Quarter of 2019. (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?
2019 County Application for Indigent Defense Funding Page 15
Brett Hill, The Diretor 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.
5.23 Do any of the contracted or assigned counsel public defense attorneys
sub -contract with another firm or attorney to provide representation? ❑YesV\j 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 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.
5.25 Does the county require contract public defense attorneys to report all
of their public defense contracts and "hours billed for nonpublic defense
F71
legal services...including number and types of private cases?" LLj Yes No
If no, please explain: (See attached OPD Time Reporting Policy and RCW 10-101-050.)
2019 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? M Yes ❑ No
If no, please explain:
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.
5.29 Do the contracts (and/or assigned counsel policies) for public defense P, -] No
attorneys include non-discrimination clauses? Yes F
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.
2019 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 F] YesNo
L -\j
If yes, please describe:
2019 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 be an issue.
I HIM
2019 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). Please provide scanned copies of contracts, by CD or email
attachment. 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)
Incligency 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)
M 2nd Quarter 2019 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)
[_1 Complaint procedure, forms or other relevant documentation (see question 5.28)
Z Currently effective public defense contracts (see question 7.1)
Z Other relevant information (applicant's discretion)
2019 County Application for Indigent Defense Funding Page 20
Declaration
/ declare under penalty of perjury under the laws of the State of Washington that the foregoing
information is true and correct.
A
Signature
Tom Taylor,, BOCC Chair
Printed Name
Title
Date
.IMF
I!, ;M:11 qMO-
2019 County Application for Indigent Defense Funding Page 21
f P.-,
off 5'
ning
W4
CT
R U**'b I
Name of attorney/firm
(If firm, please identify (1) the total
number of attorney FTEs handling
public defense cases, and (2) 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
dependency/
termination
cases per
contract
Conflict
cases only?
Yes/No
(If yes, list
payment)
-
St., _t
o
f
w �Off ice:. U c
a s h i n gt n . a b1i �De ense.
ro
IP 7 20
A b 'boi r
t "d, P u D-1 'Attorne
J6 b*1 ic tense:
-Ys .
Name of Attorney/Firm
(if firm, please identify (1) the total number of attorney
FTEs handling public defense cases, and (2) 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.)
2019 County Application for Indigent Defense Funding Page 23
f
-W
-:0:'State
' S,mngtbh
i 2
U C;
-gency--.
_Count
V'!�orN6rof�
TTE"111 2VO ffice of P._ublic i3eTable
n
Job Category Number of Full Time Equivalents (FTEs)
Supervising Attorney (no caseload) I
Attorney 11
Investigator I
Social Worker or Mitigation Expert 0
Attorney Assistant* 2
Administrative Staff** I
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 off ice services rather than direct attorney or
client services. Examples include reception, information technology, human resources, and finance.
2019 Counhr
.7 Application for Indigent Defense Funding
Page 24
Estimated State Funding Distribution to Counties for Calendar Year 2019
* Washington Office of Financial Management, April 1, 2018 Official Population Estimates
https://www ofm wa Dov/washington-data-research/population-demographics/population-estimates/april-1-
official -population -estimates
"Criminal Cases Filed in Superior Court 2018, Caseloads of the Courts of Washington
http://www courts wa.Dov/caseloadRfa=caseIoad.showReport&level=s&freq=a&tab=criminal&fileID=crmfiIVr
Adams
20,020
177
$26,744
Asoti n _.
22 420 -
_
.235
�-:I ..-�;: --.:,' -- ,. -�,1-'
."I -, -�'--1 ..1-
$31,440
Benton
197,420
11576
$174,395
_Chelan - _
,- -.---:--.-...-_.*-.,,---
77i84t� _-
---"!.--*,:-��- *,�.�", -.�Z---,-�--.., - ,-�--,�:,---.-.--:*�-� � -I�
-� I.-� -;`..,-�-- --,-�.�,'-I"--..-""-."--I,' ,-".-:- - 842
$87,1,49: --
Clallam--,---�-.
75,130
546-
- ,
$68,753
Clark
.
479-' �-
, - -
3,488 - ".�--"�;..--!�--�*
_
�:�:'.�';--` -
-- $390,786 .
Columbia
4,150
2
$12,956
:Cowlitz ...
107,310
:4�7',�-.-- �",
1,781
$153,259
Dou las
g
42,120
275
--I�'
$40,650
Ferry
_
7;780
69 ,:---I-�"-
- $.151882 ;��.��-
1-1
Franklin92,540
747
$86,991
Garfield
..".:-. ,�.:I --;
2;21.0 .',-: I - 'I ---
:.,I�I,-I- �I --� .- -..-.� :.- � -�.,::: - -' 1-1 - ,I- �
.�,�.,,,:��,�-:: ,'-.' �,.', -,-� . :,-: --- .. � .-�: ---- �
:---. ::-�.; ,�;:..-'-- :,.--. .---
24 _
$11,182 -,-
Grant
97,350
804
$921116
Y..._
LGra s Harbo1.r
..
73,61
762
$80,900
Island
83,860
307
$57,909
Jefferson .
Kin g
2,1901200
61081
.--'...,
$1,173,518
Kusa p
=
267,120
.-...--.... --
`1889 -
.�,-
.` $218,484 ---
-I, -
Kittitas
45,600
413
$50,050
_,-
Kfickitat - .
21,980
_ 1.23
.-
-
$24,289
Lewis
78,380
1,059
$100-
_., .
10,810
-
-Lincoln ,10 �q ,9
-',.',".-.; r'.,129
$:18,174
Mason
64,020
472
$60,307
_ -
.. :
.Okanogan .
. 42,490
462
$51,787 _.
Pacific
21,420
216
$29,554
Pend Qreille .
0j.
128
$21,4 7
Pierce
872,220
51152
$633,347
San Juan .
16f810
64
- j8 914
$,
Skagit
126,520
1,523
$145,159
Skamania
11,890
_ 93 -
18 807
,,.-
Snohomish
805,120
3,280
$498,503
. _,
.Spokane
-,
507,950
=
5,859
5.40 747
$ .
Stevens
45,030
436
$51,194
Thurston
_ .
2$1,740
., 2,294
247 680
$ •
Wahkiakum
41100
18 1
$11,526
�
.
Walla 1Nalia
61,840
457
r.
I ' 9--'�,;I
$58,607 r -
Whatcom
220,350
11734
2,137
$19Wr
Whitman
49I2 .&
- 309 =
$4.:.4 :
Yakima
2541500
21429
r $245,602
* Washington Office of Financial Management, April 1, 2018 Official Population Estimates
https://www ofm wa Dov/washington-data-research/population-demographics/population-estimates/april-1-
official -population -estimates
"Criminal Cases Filed in Superior Court 2018, Caseloads of the Courts of Washington
http://www courts wa.Dov/caseloadRfa=caseIoad.showReport&level=s&freq=a&tab=criminal&fileID=crmfiIVr