HomeMy WebLinkAbout07/07/2009 19 Standards for Delivery of Public Defense Services BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.�
For Meeting of 7/7/09
ITEM TITLE: Consideration of an ordinance adopting standards for the delivery of public
defense services as required per state law.
SUBMITTED BY: Dave Zabell, Assistant City Manage --
CONTACT PERSON/TELEPHONE: Dave Zabell 575 -6040
SUMMARY EXPLANATION: Attached for your review and consideration is an ordinance
adopting public defense standards in accordance with RCW 10.101.030.
Each city in Washington is required to adopt standards for the delivery of public defense
services. The City of Yakima has generally provided public defense services to eligible
persons entitled to representation by contracting for these services and intends to continue to
do so in the foreseeable future. It is in the best interest of the City to enact an ordinance
adopting standards governing the provision of public . defense legal representation.
Resolution X Ordinance Contract Other
Funding Source —
APPROVED FOR SUBMITTAL
� / Manager
STAFF RECOMMENDATION: Adopt the proposed ordinance establishing standards for the
delivery of public defense services consistent with RCW 10.101.030.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
ORDINANCE NO. 2009-
AN ORDINANCE adopting standards for the delivery of public defense
services.
WHEREAS, RCW § 10.101.030 requires each city to adopt standards for the
delivery of public defense services; and
WHEREAS, the C ity of Yakima desires to adopt standards in accordance with
RCW § 10.101.030; and
WHEREAS, the City has generally provided public defense services to eligible
persons entitled to representation by contracting for these services and the City intends to
continue to do so; and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Delivery of Public Defense Services. The City of Yakima generally
provides public defense services through contracting with public defense counsel
( "counsel "). To assure continued compliance with RCW 10.101.030, this ordinance
defines the standards for the City of Yakima's provision of public defense services in
conjunction with the City's prosecution of City misdemeanor cases. In addition to the
standards provided in this ordinance, counsel shall be required to comply with such
additional provisions established in the individual contract.
Section 2. Compensation of Counsel. Compensation of counsel shall be
established through negotiation of an individual contract for public defense services. The
City shall consider training, experience and the nature and extent of services requested
and the time and labor required of the attorneys undertaking defender services. Services
that require extraordinary fees should be defined in the individual contract. When a
conflict exists separate counsel shall be provided to the defendant by the City.
Section 3. Duties and Responsibilities of Counsel. Counsel shall follow the duties
and responsibilities set forth in the individual contract. Counsel shall maintain
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malpractice insurance with agreed -upon policy limits. The individual contract shall
require that public defense services be provided to all clients in a professional, skilled
manner consistent with minimum standards set forth by the Rules of Professional
Conduct, case law and applicable court rules defining the duties of counsel and the rights
of defendants in criminal cases. The duties of counsel in each case include, but are not
necessarily limited to, investigation of the facts, research of relevant law, communication
with the client, review of possible motions, review of plea alternatives, review of
dispositional alternatives, trial preparation and vigorous representation in court.
Section 4. Case Load Limits and Types of Cases. The types of cases for which
representation is to be provided and the maximum number of cases which each attorney
shall be expected to handle shall be established by the individual contract. Case loads
shall allow counsel to give each client the time and effort necessary to provide effective
representation. Case load limits should be determined by the number and type of cases
being accepted and by the City Prosecutor's charging and plea bargaining practices.
Section 5. Responsibility for Expert Witness Fees and Associated Services.
Expert witness fees and additional associated services, including investigative services,
support services or other services necessary in a case will be paid as provided in the
individual contract. Investigators, when used, should have criminal investigation training
and experience.
Section 6. Administrative Expenses. Administrative costs of providing
representation shall be counsel's responsibility and shall be dealt with in the individual
contract. Such costs shall include, but not be limited to, travel, telephones, law library,
electronic research, financial accounting, case management systems, computers and
software, office space and supplies, training, meeting the reporting requirements imposed
by these standards and other costs necessarily incurred in the day -to -day management of
the individual contract.
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Section 7. Support Services. Counsel shall staff his/her office with an appropriate
number of support staff and other support services. Counsel shall also acquire or maintain
appropriate computer /word processing equipment in order to handle the paperwork
generated by the contract case load as well as to comply with the reporting procedures
required in Section 8.
Section 8. Reporting Procedures. Counsel shall maintain a case reporting and
management information system, which includes the number, type and disposition of
indigent defense cases. All of the above - described information shall be provided to the
City on a quarterly basis or such other schedule agreed to by the City. All of the above -
described information shall also be made available to the Yakima Municipal Court
Administrator or designee. Counsel's case reporting and management information system
shall be maintained independently from client files in order to not disclose any privileged
information. All records pertaining to expenses and billing shall conform to generally
accepted accounting principles. A standardized voucher form shall be used by attorneys
seeking payment for services rendered.
Section 9. Training, Supervision, Monitoring and Evaluation of Counsel. The
training, supervision, and monitoring of counsel and their staff shall be the sole
responsibility of counsel, except as provided in the individual contract. Evaluation of
counsel shall be as provided in the individual contract. All training and supervision shall
conform to the standards set by the Washington State Defender Association.
Section 10. Substitution of Counsel and Assignment of Contracts. No
substitution of counsel for any appointed case will be approved without prior notification
to the appropriate court. Counsel shall not assign or subcontract any portion of the
individual contract without the consent of the City.
Section 11. Limitations on Private Practice. Contracts for indigent defense
services with private attorneys or firms may set limits on the number of private or special
appointment cases which can be accepted by the contracting attorney or provide that the
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indigent defense contract be a priority over private or special appointment caseloads. An
attorney or firm rendering indigent defense services shall not allow his or her private
practice or special appointments to diminish his or her ability to represent indigent clients
he or she is obligated to serve by the individual contract.
Section 12. Qualifications of Counsel. Counsel shall be licensed to practice law in
the State of Washington, be members in good standing of the Washington State Bar
Association, comply with all applicable rules relating to the practice of law that have
been or may be promulgated by the Washington State Supreme Court, and be capable of
performing all necessary duties stated in the individual contract. Counsel shall have legal
experience devoted to practice in the area of criminal law during which time counsel shall
have demonstrated his/her competence in the area of criminal law.
Section 13. Disposition of Client Complaints. A method to respond promptly to
indigent defendant client complaints shall be established by counsel. If the attorney and
client cannot resolve the complaint amicably, the attorney shall ask the court for
permission to withdraw and substitute new counsel. The complaining client should be
informed as to the disposition of his or her complaint within a reasonable period of time.
If the client feels dissatisfied with the evaluation and response received, he or she should
be advised of the right to complain to the Washington State Bar Association.
Section 14. Termination of Contract or Removal of Counsel. The termination of
an individual contract for public defense services will be determined by the provisions set
forth in the individual contract. Removal by the court of counsel from representation
normally should not occur over the objection of both counsel and the client.
Section 15. Prohibition of Discrimination. With respect to matters regarding
public defense services, there shall be no unlawful discrimination against any person
because of race, color, creed, gender, national origin, physical or mental disability or
sexual orientation. The City of Yakima and counsel shall comply with and ensure
compliance with Title VI of the Civil Rights Act of 1964 and the Americans with
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Disabilities Act of 1990 and all requirements imposed by or pursuant to regulations of the
United States Department of Justice or United States Equal Employment Opportunity
Commission issued pursuant to those titles.
Section 16. Severability. Should any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or situation be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this ordinance or its application to any other person or situation.
The City Council of the City of Yakima hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections, clauses, phrases or
portions be declared invalid or unconstitutional.
Section 17. Effective Date. This ordinance shall be in full force and effective thirty
(30) days after its passage, approval and publication as provided by law and the City
Charter.
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and
approved this day of , 2009.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
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