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Resolution 15-006 Adopts Indigent Defense Standards CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 15-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING STANDARDS FOR THE DELIVERY OF PUBLIC DEFENSE SERVICES PURSUANT TO RCW 10.101.030, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 10.101.030 requires that the City adopt standards for the delivery of public defense services to meet the needs of public defense service recipients for sufficient, accessible, high quality defense services; and WHEREAS, the Washington State Supreme Court and Washington State Bar Association have adopted minimum standards to establish guidance for local jurisdictions in meeting the statutory requirements; and WHEREAS, the City currently contracts with Spokane County for the provision of indigent defense through the Interlocal Agreement for Public Defender Services in the City of Spokane Valley, executed March 24, 2006; and WHEREAS, Spokane County has adopted indigent defense standards for individuals charged with misdemeanor crimes which are substantially similar to the standards contained herein; and WHEREAS, at such time that the City may choose to provide these services by City staff, the City could consider amending these standards accordingly. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, that pursuant to RCW 10.101.030, the City Council hereby adopts the Spokane Valley Indigent Defense Delivery Standards, attached hereto and incorporation herein, which may be amended from time-to-time by subsequent resolution as may be appropriate or necessary. This Resolution shall be effective upon adoption. Adopted this 14th day of July, 2015. City of kan- Valley Dean Graf's, •46 ATTES;1{ _ Christine Bainbridge, City Clerk Approved as to Form: c v Office q the City Attorney Resolution No. 15-006 Adopting Indigent Defense Standards SPOKANE VALLEY INDIGENT DEFENSE DELIVERY STANDARDS These Indigent Defense Delivery Standards are drafted based primarily upon the requirements of RCW 10.101.030, and the Standards for Indigent Defense, adopted by the Washington State Supreme Court on June 15, 2012. Lastly, the Washington Public Defender Association has adopted standards to provide guidance in those areas not specifically addressed by RCW 10.101.030 or the Washington Supreme Court's Standards for Indigent Defense. DEFINITIONS: For the purposes of these Spokane Valley Indigent Defense Delivery Standards (Indigent Defense Standards)the following terms, phrases,words, and their derivations shall mean as follows: "Case" means the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In courts of limited jurisdiction multiple citations from the same incident can be counted as one case. "Board"means the Board of Commissioners of Spokane County. "Public Defender's Office" means the office of the Spokane County Public Defender, which is a department of Spokane County, organized pursuant to chapter 36.26 RCW, and which provides indigent defense service to the City of Spokane Valley pursuant to an interlocal agreement. "Public Defense Attorneys" means attorneys employed in the Public Defender's Office or attorneys employed in the separate department of Spokane County called Counsel for Defense. "Public Defense Contractors" means attorneys who are not full-time permanent employees of the Public Defender's Office or Counsel for Defense and who have agreed to represent indigent defendants which the Public Defender's Office and Counsel for Defense cannot represent. STANDARD ONE: COMPENSATION Public Defense Contractors should be compensated commensurate with the complexity of the case assigned and time required for the case. There may be provision for extraordinary compensation for cases which require an unusual measure of time or expertise. The actual salary levels shall be set by Spokane County. STANDARD TWO: DUTIES AND RESPONSIBILITIES OF PUBLIC DEFENSE ATTORNEYS AND PUBLIC DEFENSE CONTRACTORS Public Defense Attorneys' and Public Defense Contractors' primary and most fundamental responsibility is to promote and protect the best interests of the client. Representation to all clients shall be provided in a professional, skilled manner consistent with minimum standards set forth by applicable Washington State Bar Association standards, the Rules of Professional Conduct, case law, applicable court rules defining the duties of counsel and the rights of defendants in criminal cases, and the American Bar Association. STANDARD THREE: LIMITS AND TYPES OF CASES Caseload limits and types of cases for Public Defense Attorneys and Public Defense Contractors should allow each attorney to give each client the time and effort necessary to ensure quality Indigent Defense Delivery Standards Page 1 of 6 representation. No Public Defense Attorney or Public Defense Contractor should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. A Public Defense Contractor shall not allow his or her private law practice to interfere with the representation of indigent defendants. (A) Subject only to the considerations of this Standard Three, in a one-year period, no full time Public Defense Attorney should be expected to handle more than 300 misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a numerical case weighting system as described in this Standard,400 cases per year. Neither the Public Defender's Office nor the Counsel for Defense Office has adopted a numerical case weighting system for misdemeanor cases. (B) A Public Defense Contractor attorney should not be assigned more than a pro-rata share of public defense cases in a one-year period, in proportion to that attorney's additional private practice cases. For example, a Public Defense Contractor attorney with a public defense contract of 150 misdemeanor cases per year shall not have more than a half-time private practice caseload. (C) Supplemental standards adopted by the Washington Public Defender Association also address the number of cases attorneys providing public defense services can effectively handle including, but not limited to,the following: (1)The severity and complexity of the case; (2)The prosecutor's resources and practices; (3)The location of the jail and courts relative to the attorney's office; (4) The availability of diversionary tracks such as drug court, therapeutic mental health court, and community relicensing programs; (5)The docketing practices of the local courts; (6)The definition of a"case;" and (7)The availability of support staff and limited practice personnel. The Public Defender's Office and Counsel for Defense utilize these supplemental standards in the operation of their respective offices. If the total number of cases handled by Public Defense Attorneys and Public Defense Contractor attorneys considered together for a given calendar year exceed 110 percent of the caseloads specified in this Section, or are less than 90 percent of the caseloads specified in this Section in a given calendar year, then the Board and the Spokane County Public Defender shall confer and consider adopting various strategies to address the increase or decrease in caseload. As previously stated, neither the Public Defender's Office nor the Counsel for Defense utilize a case weighting system for its misdemeanor cases, and thus,the City does not adopt numerical case weighting. However,the Public Defender's Office uses an hourly calendaring system for the arraignment docket. At the arraignment docket, defendants may receive an early resolution offer for diversion of the criminal charges, or a reduction to a non-criminal infraction. In the event of an early resolution, the Public Defender's Office utilizes an hourly calendar system whereby case counts depend on how many early resolutions each attorney can handle on an hourly basis. Indigent Defense Delivery Standards Page 2 of 6 STANDARD FOUR: EXPERT EXPENSES Public Defense Attorneys and Public Defense Contractors shall have reasonable resources for expert witnesses necessary for preparation and presentation of the defense of the case. Funds for expert witnesses shall be maintained separately from funds provided for expert services. Public Defense Contractors' requests for expert witness fees under Court Rule 3.1(f) may be made through an ex parte motion. The defense should be free to choose the expert of its choosing and in no case should be forced to select experts from a list pre-approved by either the court or the prosecution. STANDARD FIVE: ADMINISTRATIVE COSTS Funding for the Public Defender's Office and Counsel for Defense shall include funding for administrative costs associated with providing legal representation such as travel, telephones and adequate telephone service, law library including electronic legal research, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed by the Washington State Supreme Court standards, and other costs necessarily incurred in the day-to-day management of the offices. Public Defense Attorneys and Public Defense Contractor attorneys shall have access to an office that accommodates confidential meetings with clients, as well as a postal address. STANDARD SIX: INVESTIGATORS Public Defense Attorneys and Public Defense Contractor attorneys shall use investigation services as appropriate. STANDARD SEVEN: SUPPORT SERVICES Public Defense Attorneys and Public Defense Contractors shall be adequately staffed with administrative assistance and paralegals, as well as have access to mental health professionals and interpreters. Public Defense Attorneys and Public Defense Contractors should seek to employ a minimum of one administrative assistant for every four attorneys. STANDARD EIGHT: REPORTS OF ATTORNEY ACTIVITY AND VOUCHERS Attorneys employed by Public Defense Attorneys and Public Defense Contractors shall maintain a case- reporting and management information system which tracks the number and type of cases, attorney hours, and disposition of cases. This information shall be available to the Washington State Administrator of the Courts. Provided, attorneys employed by Public Defense Attorneys and Public Defense Contractors shall not be required to provide any information that compromises client confidentiality. STANDARD NINE: TRAINING As a condition of being licensed to practice law in the State of Washington, attorneys are required to attend at least 15 hours of legal training each year. For Public Defense Attorneys, at least seven training hours each year shall be in criminal defense. Public Defense Contractor attorneys should maintain updated manuals for specific areas of practice within their offices, and shall document an orientation for newly hired attorneys. Indigent Defense Delivery Standards Page 3 of 6 Public Defense Contractor attorneys should document at least five hours of required training annually in the specific area of criminal defense being provided under the contract. STANDARD TEN: SUPERVISION The Public Defender's Office and Counsel for Defense should provide one full-time supervising attorney for every 10 staff attorneys, and one half-time supervisor for every five attorneys. STANDARD ELEVEN: MONITORING AND EVALUATION OF ATTORNEYS There should be a systematic procedure for monitoring and evaluating the performance of Public Defense Attorneys and Public Defense Contractor attorneys. Such evaluations should be performed by supervisors on a regular basis, be according to published criteria, include review of time and caseload records, in-court observations, review and inspection of transcripts where possible,review of case files, and should consider any comments of judges, prosecutors, other defense attorneys, and clients. Attorneys shall be evaluated on their skill and effectiveness as trial lawyers as well as their organizational abilities. STANDARD TWELVE: SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACT Public Defense Contractors shall not subcontract with another attorney or firm to provide representation, and shall remain directly involved in the representation of assigned clients. Public Defender Contractors shall provide the names and qualifications of the attorneys who will be directly representing the clients to the Public Defender's Office, and ensure that such attorneys meet the minimum requirements set forth in these standards. Any agreement between the Public Defender's Office and Public Defender Contractors shall address the continued representation of assigned clients at the expiration of the Agreement. STANDARD THIRTEEN: LIMITATION ON PRIVATE PRACTICE OF PUBLIC DEFENSE CONTRACTOR ATTORNEYS Public Defender Contractor attorneys shall be limited in the amount of privately-retained work which they may accept, in proportion to the percentage of a full-time Public Defense Attorney caseload for which they contract, pursuant to Standard Three above. STANDARD FOURTEEN: QUALIFICATION OF ATTORNEYS (A) In order to ensure that indigent defendants receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services shall meet at least the following minimum professional qualifications: (1) Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; (2) Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice areas; Indigent Defense Delivery Standards Page 4 of 6 (3) Be familiar with the collateral consequences of a conviction, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; (4) Be familiar with mental health issues and be able to identify the need to obtain expert services; and (5) Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. (B) Contempt of Court Cases. Each attorney representing a respondent charged with contempt of court shall meet at least the following requirements: (1)Minimum requirements set forth in subsection(A) above; and (2) Each staff attorney shall be accompanied at his or her first three contempt of court hearings by a supervisor or more experienced attorney, or participate in at least one consultation per case with an attorney qualified in this area of practice. (C) Specialty Courts. Each attorney representing a client in a specialty court (e.g., mental health court, drug diversion court,homelessness court)shall meet at least the following requirements: (1) Minimum requirements set forth in subsection(A) above; (2) The requirements set forth above for representation in the type of practice involved in the specialty court(e.g.,felony, misdemeanor,juvenile); and (3) Be familiar with mental health and substance abuse issues and treatment alternatives. (D) RALJ (Rules for Appeal of Decisions of Courts of Limited Jurisdiction) Misdemeanor Appeals to Superior Court. Each attorney who is counsel alone for a case on appeal to the Superior Court from Court of Limited Jurisdiction shall meet at least the following requirements: (1)Meet the minimum requirements as outlined in subsection(A) above; and (2) Have had significant training or experience in criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more- experienced attorney in preparing and arguing an RALJ appeal. STANDARD FIFTEEN: DISPOSITION OF CLIENT COMPLAINTS The Public Defender's Office and Counsel for Defense shall promptly respond to clients who make complaints and should keep a written record of the complaints and the response. Complaints should be first directed to the attorney handling the case, then to a supervisor. If the complaint cannot be resolved by the office to which it is issued, the complainant shall be informed of other avenues including the courts or the bar association. Agreements with Public Defender Contractors who accept conflict cases shall include a procedure to respond to client complaints which meets this standard. STANDARD SIXTEEN: CAUSE FOR TERMINATION OR REMOVAL OF ATTORNEY Contracts with Public Defender Contractors should only be terminated prior to their expiration for cause, which could include failure of an attorney to render adequate representation to the client, willful disregard of the rights and best interests of the client, or willful disregard of the standards set forth herein. Representation in an individual case establishes an inviolable attorney-client relationship. Removing an attorney from a case should ordinarily not occur over the objection of the client. Indigent Defense Delivery Standards Page 5 of 6 STANDARD SEVENTEEN: NON-DISCRIMINATION The Public Defender's Office, Counsel for Defense, and Public Defense Contractors shall not discriminate in violation of applicable state or federal regulations in their hiring practices to provide public defense representation, in the attorneys selected to represent clients, or in their representation of clients. STANDARD EIGHTEEN: GUIDELINES FOR AWARDING DEFENSE CONTRACTS Contracts for public defense services may only be entered into with firms which meet accepted professional standards, and include awarding only to attorneys who have at least one year's experience in the jurisdiction covered by the contract, or to firms where at least one attorney performing the services under the contract has at least one year's experience in the jurisdiction covered by the contract. Indigent Defense Delivery Standards Page 6 of 6