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HomeMy WebLinkAbout3532 I ORDINANCE NO. _� ( � I I AN ORDINANCE of the City of Port Angeles, Washington, adopting public defense standards for the City of Port Angeles. E � I WHEREAS, every individual has a constitutional right to representation when I defending against criminal charges; and WHEREAS, the City wishes to ensure that indigent people accused of crimes receive competent representation; and WHEREAS, the City wishes to ensure that public defense attorneys comply with I � the Standards for Indigent Defense as promulgated by the Washington State Supreme Court; and WHEREAS, the City has received a grant from the Office of Public Defense under I RCW 10.101 and grant recipients are required to adopt by ordinance standards for public defense in accordance with the provisions of RCW 10.101.030; and WHEREAS, the Federal District Court for Western Washington in Wilbur v. Mi. Vernon provides guidance to cities regarding the provision of public defense services and the I funding and evaluation of such services; �( NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: Section 1. The standards for public defense services in the City of Port Angeles shall be as follows: STANDARD 1: COMPENSATION Public defense attorneys and staff should be compensated at a rate commensurate with their training and experience. To attract and retain I ! i i 1 qualified personnel, public defense attorneys shall be compensated at a rate ( that is competitive for defense services in the State of Washington and the ! Olympic Peninsula in particular. STANDARD 2: QUALIFICATIONS, DUTIES AND RESPONSIBILITIES OF COUNSEL Public defense services shall be provided to all clients in a professional, skilled manner, and consistent with applicable state bar association standards, the Rules of Professional Conduct, case law including the j decision in Wilbur v. Mi. Vernon, and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Public defense attorneys must be familiar with statutes, court rules, constitutional ` i � provisions, and case law relevant to their practice area, as well as appellate � experience if handling appeals. i The primary and most fundamental responsibility of public defense attorneys is to promote and protect the interests of the client. STANDARD 3: ATTORNEY CASELOADS The caseload of public defense attorneys shall allow the attorney to give each client the time and effort necessary to ensure effective representation. No public defense attorney should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. Public defense attorney caseloads shall comply with the Standards for Indigent Defense as promulgated by the Washington State Supreme Court. STANDARD 4: RESPONSIBILITY FOR EXPERT WITNESSES AND f INVESTIGATIVE SERVICES I Public defense attorneys shall retain such expert witnesses and investigators of their choosing as in their professional judgment they deem necessary to their case and may apply to the court for such services pursuant to applicable court rules. STANDARD 5: ADMINISTRATIVE EXPENSES AND SUPPORT I SERVICES i Any contract for the provision of public defense services shall provide for I or include administrative costs and support costs. Public defense attorneys j should use qualified paralegal, secretarial, investigative, and other services as appropriate. Public defense attorneys shall maintain a private office that accommodates confidential meetings with defendants, the receipt of mail, and service of process. Public defense attorneys shall maintain adequate - 2 - I i communication services, including, but not limited to, telephone and email I to provide for efficient communication with defendants, the court, and the City. i I STANDARD 6: REPORT OF ATTORNEY ACTIVITY Public defense attorneys shall maintain a case reporting and case ! management information system and shall provide reports to the City in a form and at increments as agreed to by the City and the attorneys. Reports C shall include the number and type of cases, number of cases in which a substantive motion was filed, number of cases in which an investigator was utilized, and disposition. This information shall also be made available to the Office of the Administrator of the Courts when requested. Public defense attorneys shall not be required to compromise any attorney ' confidences when providing these reports. Public defense attorneys shall quarterly certify their compliance with the standards for indigent defense by filing a Certification of Compliance as required by CrR 3.1, CrRLJ 3.1, and JuCR9.2 (as they may be amended or recodified). Such forms shall be filed with Clallam County District Court I. Copies of each public defense attorney's certification shall also be delivered to the City. I STANDARD 7: GUIDELINES FOR AWARDING DEFENSE CONTRACTS The City of Port Angeles shall only award contracts for public defense services to attorneys and firms that can meet accepted professional standards of the Washington State Bar Association and Washington State Supreme Court. When the City finds it necessary or desirable to contract with defense attorneys, it shall give notice to the Clallam County bar ! association. t STANDARD 8: TRAINING, MONITORING AND EVALUATION OF ATTORNEYS Public defense attorneys shall participate in regular training programs on criminal defense law, including seven (7) hours of continuing legal education annually in areas relating to public defense practice. If public defender services are provided by a law firm, attorneys shall establish a system in which senior attorneys regularly review the work of junior attorneys to ensure compliance with these standards. The senior attorneys shall review the case outcomes, caseloads, and any other information, and shall regularly monitor interactions with defendants, case preparation, and in-court activities of junior attorneys. - 3 - I � L STANDARD 9: SUBCONTRACTORS, SUBSTITUTION, AND CONFLICT COUNSEL In the event of conflict or removal of a ublic defense attorney, I � Y, counsel shall be available, either by a joint contract with the public defense I attorney and conflict counsel, by a separate contract with conflict counsel, I or by a court appointed counsel. In the event that alternative or conflict counsel is required to be assigned, the public defense attorney shall bear no part of the costs associated with the appointment of an alternative or ' conflict counsel. IConflict counsel shall adhere to the standards established by this ordinance, including but not limited to, an evaluation of the overall case count annually by conflict counsel under the procedures set forth in this agreement. STANDARD 10: LIMITATIONS ON PRIVATE PRACTICE OF CONTRACT ATTORNEYS I � Attorneys performing contracts for public defense representation must manage their private practice to prevent interference with their indigent defense contractual obligations. STANDARD 11: DISPOSITION OF DEFENDANT COMPLAINTS Public defense attorneys shall establish a process for responding to complaints made by defendants. Complaints that are not resolved by the attorney shall be directed to the City Manager or his/her designee, who is responsible for investigating all complaints or referring them to the proper authority. STANDARD 12: CAUSE FOR TERMINATION Termination of the public defense contract shall occur only for "good cause." Good cause shall include the failure of the contract public defense attorney to render adequate representation to clients, the willful disregard of the rights and best interests of the client, and/or the willful disregard of these Standards. Termination may also occur for violation of the express terms of the contract, provided, however, that the public defense attorney shall be provided reasonable opportunity, following notice, to cure any technical contract violations that do not impair the provision of quality representation to the indigent client. - 4 - ffi + 1 III � i � Removal by the court of counsel from representation normally should not occur over the objection of the attorney and the client. STANDARD 13: NON-DISCRIMINATION Public defense attorneys shall not, in the hiring of employees or the jprovision of services, discriminate on the grounds of race, color, religion, j national origin, age, marital status, gender, sexual orientation, or disability. I STANDARD 14: CONTRACT WARRANTY i Attorneys providing public defense services by contract with the City shall warrant that he/she has: I � C I (1) Read the Wilbur decision and will provide service in accord i i with its provisions; (2) Read the Standards for Indigent Defense as promulgated by the Washington State Supreme Court and will comply with them; and (3) Ensured that the compensation provided is sufficient to provide t ! adequately for the training, administrative and staff services, and infrastructure required by these Standards, Court Rule and the State and Federal Constitution. I ) Section 2 - Update and Evaluation. As the rules established by the Washington j State Supreme Court are applied and interpreted by the courts and, when appropriate, the Bar i � Association and other administrative agencies, the City states its intent to review and modify these standards. z Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, i ( section/subsection numbers and any references thereto. Section 4 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or t � ( � - 5 - i i application of the provisions of the Ordinance to other persons or circumstances, is not affected. I Section 5 _ Effective Date. This Ordinance is subject to referendum. Unless a � referendum petition is filed, this ordinance shall be in effect thirty (30) days after passage j and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of r , 2015. Dan Di uilio, M A Y O R ATTEST: i J >fer Veneklasen, City Clerk J � APPROVED AS TO FORM: ; I Wil ham E. Bloor, City Attorney s PUBLISHI, , 2015 By Summary I Ma ORDINANCES&RESOLUTION S\ORDINANCES.2014\11 -Public Defense Grant.04.16.14.rtf I }} - 6 - 1 � i i Summary of Ordinance Adopted by the Port Angeles City Council On April 7, 2015 Ordinance No. 3532 THIS ORDINANCE of the City of Port Angeles, Washington, adopts public defense standards for the City of Port Angeles. This Ordinance is subject to a referendum. Unless a referendum petition is filed, this ordinance shall be in effect 30 days after passage and publication of summary. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Jennifer Veneklasen City Clerk Publish: April 15, 2015 i i i