Chapter 2.82
PUBLIC DEFENSE STANDARDS
Sections:
2.82.010 Standards of representation.
2.82.030 Selection of attorneys.
2.82.040 Duties and responsibilities of counsel.
2.82.050 Case load limits and types of cases.
2.82.060 Costs of investigative and expert or other services.
2.82.070 Reports of attorney activity and vouchers.
2.82.090 Substitution of attorneys or assignment of contracts.
2.82.100 Minimum qualifications of attorneys.
2.82.110 Representation in specific classes of cases.
2.82.120 Disposition of client complaints.
2.82.130 Cause for removal of attorney.
2.82.150 Effective date and expiration date.
2.82.010 Standards of representation.
Columbia County hereby adopts standards for the delivery of public defender services consistent with RCW 10.101.030 and utilizing the standards endorsed by the Washington State Bar Association. Columbia County is rural in nature and its superior court is a member of the three-county Hells Canyon Circuit which has one sitting superior court judge. Columbia County has one district court judge. Columbia County contracts with attorneys to provide services in superior court, juvenile court and district court and the standards set forth herein have been tailored to serve the best interest of the citizens of Columbia County and indigent defendants and/or respondents in Columbia County. [Ord. 2009-03 § .010.]
2.82.020 Applicability.
This chapter shall apply to all attorneys contracted to represent indigent clients in Columbia County superior, juvenile and district court. In addition, this chapter shall apply to all attorneys appointed at public expense when contracted attorneys have a conflict of interest such that one or more noncontract attorney (hereinafter referred to as “conflict attorney”) is necessary for adequate representation. To the extent that the city of Dayton contracts with the county, Columbia County district court and/or Columbia County prosecutor to perform criminal justice services, this chapter shall apply to all contract and conflict attorneys appointed to represent indigent clients in the municipal court of the city of Dayton. [Ord. 2009-03 § .020.]
2.82.030 Selection of attorneys.
Conflict attorneys appointed for indigent defense shall be selected solely by the court and contract attorneys shall not be required to provide services of another attorney in cases for which they are conflicted out. Attorneys contracted for indigent defense shall be selected by the Columbia County board of county commissioners upon approval by the superior and district court judges. The prosecuting attorney shall have no input into the selection or appointment of defense attorneys. [Ord. 2009-03 § .030.]
2.82.040 Duties and responsibilities of counsel.
Defense services shall be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable State Bar Association standards, the Rules of Professional Conduct, case law and court rules defining the duties of counsel and the rights of defendants in criminal cases.
Counsel’s primary and most fundamental responsibility is to promote and protect the best interests of the client. [Ord. 2009-03 § .040.]
2.82.050 Case load limits and types of cases.
The caseload of attorneys to which these standards apply should be such as to allow each lawyer to give each client the time and effort necessary to ensure effective representation. Counsel should not accept a workload that, by reason of its excessive size, interferes with the rendering of quality representation. [Ord. 2009-03 § .050.]
2.82.060 Costs of investigative and expert or other services.
Reasonable compensation for investigative, expert, or other services necessary for preparation and presentation of the defense case shall be provided upon motion pursuant to CrR 3.1(f) or CrRLJ 3.1(f) and approval by the court. Fees for investigative, expert, or other services should be maintained and allocated from funds separate from those provided for defender services. [Ord. 2009-03 § .060.]
2.82.070 Reports of attorney activity and vouchers.
The attorneys subject to these standards shall maintain a case-reporting and management information system which includes number and type of cases, and disposition for each case served at public expense. An annual report shall be filed with the presiding judges of the respective courts summarizing the number and type of cases, and dispositions thereof. In addition, conflict attorneys shall maintain attorney hours worked per case. Such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form provided by the court shall be used by court conflict attorneys seeking payment upon completion of a case. Each attorney shall provide annually to the presiding superior court judge a certification documenting their compliance with the requirements set forth in CCC 2.82.100. [Ord. 2009-03 § .070.]
2.82.080 Training.
Attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum hours of continuing legal education annually in areas relating to their public defense practice as determined by the Columbia County board of commissioners with consultation with the judges. Attorneys in dependency practices should attend training programs in these areas. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes. [Ord. 2009-03 § .080.]
2.82.090 Substitution of attorneys or assignment of contracts.
The attorneys subject to these standards should not subcontract with another firm or attorney to provide representation, except referrals authorized by contract in order to (A) comply with caseload limitations, or (B) resolve conflicts. To the extent that the court-appointed attorney does refer cases to maintain caseload limitations or for any other reason authorized by contract, the referral shall be only to an attorney who the court has determined qualifies to serve as court-appointed counsel under these standards for public defense services. [Ord. 2009-03 § .090.]
2.82.100 Minimum qualifications of attorneys.
In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, court-appointed attorneys shall meet the following minimum professional qualifications: (A) be a member in good standing of the Washington State Bar Association; (B) meet the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; (C) complete at least seven hours of continuing legal education approved by the Washington State Bar Association Continuing Legal Education Department in the field of criminal law or trial advocacy within each calendar year; (D) have an active, non-suspended, revoked or otherwise hindered license to practice law in Washington State; (E) not have more than one finding of ineffective assistance of counsel by any court of any jurisdiction within Washington State, including but not limited to municipal and federal courts; and (F) not have any license or other qualification to practice law in any other jurisdiction suspended, canceled or revoked or have been disbarred from practicing law in any other jurisdiction. [Ord. 2009-03 § .100.]
2.82.110 Representation in specific classes of cases.
In order to serve in each of the following classes of cases, court-appointed attorneys should first meet certain requirements:
A. Death Penalty Representation. Each attorney acting as lead counsel in a death penalty case should meet the following requirements:
1. The minimum requirements set forth in CCC 2.82.100; and
2. At least five years’ criminal trial experience; and
3. Have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion; and
4. Have served as lead or co-counsel in at least one jury trial in which the death penalty was sought; and
5. Have completed at least one death penalty defense seminar within the previous two years.
B. Adult Felony Cases – Class A. Each attorney representing a defendant accused of a Class A felony as defined in RCW 9A.20.020 should meet the following requirements:
1. The minimum requirements set forth in CCC 2.82.100; and
2. Either:
a. Has served two years as a felony-level prosecutor; or
b. Has served two years as a public defender defending felony-level cases; or
c. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in five felony cases that have been submitted to a jury.
C. Adult Felony Cases – Class B Violent Offense or Sexual Offense. Each attorney representing a defendant accused of a Class B violent offense or sexual offense as defined in RCW 9A.20.020 should meet the following requirements:
1. The minimum requirements set forth in CCC 2.82.100; and
2. Either:
a. Has served one year as a felony-level prosecutor; or
b. Has served one year as a public defender defending felony-level cases; or
c. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class C felony cases that have been submitted to a jury.
D. Adult Felony Cases – All Other Class B Felonies, Class C Felonies, Probation or Parole Revocation. Each attorney representing a defendant accused of a Class B felony not defined in subsection (C) of this section or a Class C felony, as defined in RCW 9A.20.020, or involved in a probation or parole revocation hearing should meet the following requirements:
1. The minimum requirements set forth in CCC 2.82.100; and
2. Either:
a. Has served one year as a prosecutor; or
b. Has served one year as a public defender; or
c. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and
3. Each attorney should be accompanied at his or her first felony trial by a supervisor, or another otherwise qualified public defender.
E. Juvenile Cases – Class A. Each attorney representing a juvenile accused of a Class A felony should meet the following requirements:
1. The minimum requirements set forth in CCC 2.82.100; and
2. Either:
a. Has served one year as a prosecutor; or
b. Has served one year as a public defender; or
c. Has been trial counsel alone of record in five juvenile Class B and Class C felony trials; and
3. Each attorney should be accompanied at his or her first juvenile trial by a supervisor, or another otherwise qualified public defender.
F. Juvenile Cases – Classes B and C. Each attorney representing a juvenile accused of a Class A or C felony should meet the following requirements:
1. The minimum requirements set forth in CCC 2.82.100; and
2. Either:
a. Has served one year as a prosecutor; or
b. Has served one year as a public defender; or
c. Has been trial counsel alone of record in five misdemeanor cases brought to a final resolution; and
3. Each attorney should be accompanied at his or her first juvenile trial by a supervisor, or another otherwise qualified public defender.
G. Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a gross misdemeanor or condition of confinement should meet the requirements as outlined in CCC 2.82.100.
H. Dependency Cases. Each attorney representing a client in a dependency matter shall meet the following requirements:
1. The minimum requirements as outlined in CCC 2.82.100; and
2. Attorneys handling termination hearings shall have six months’ dependency experience or have significant experience in handling complex litigation. [Ord. 2009-03 § .110.]
2.82.120 Disposition of client complaints.
Client complaints shall be addressed and handled as dictated in the contract, if any, for services contemplated in this chapter. Should the contract conflict with this section or is silent as to disposition of client complaints, or no contract is in existence, this section shall govern. Client complaints received by any nondefender county official, employee or other attorney should be directed to the board of county commissioners who will forward the complaint to the subject attorney. The attorney shall respond to the complaint, providing a copy of or report detailing the response and resolution, if any, of the complaint. If the attorney receives a client complaint, the attorney shall forward a copy of or report the subject of the complaint to the board of county commissioners and shall respond to the complaint, also providing a copy of or report detailing the response and resolution, if any, of the complaint. If the client feels that he or she has not received an adequate response, the public defender shall direct the client to the board of county commissioners who will hear the complaint and any response by the public defender.
The board of county commissioners will forward all information regarding the unresolved complaint to the judicial officer presiding over the case, if any. The judicial officer shall review the complaint and take any action deemed appropriate by the judicial officer, including re-assigning the case to another public defender and/or meeting with the board of county commissioners and/or the subject defender for attempted resolution regarding the complaint. The attorney shall reply to any complaint within one week of receipt of the complaint or as soon as practicable thereafter. Unresolved complaints shall be responded to by the judicial officer within one week of receipt of the unresolved complaint or as soon as practicable thereafter. [Ord. 2009-03 § .120.]
2.82.130 Cause for removal of attorney.
Including and in addition to any termination rights contained in any contract, termination of a contract or conflict attorney shall be allowed for good cause. Good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. Excessive client complaints, violation of any rule, ordinance, statute or law may result in removal of attorney. The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore normally should not occur over the objection of the attorney and the client. [Ord. 2009-03 § .130.]
2.82.140 Nondiscrimination.
Neither the court nor the county, in its selection of an attorney to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, sex, sexual orientation, veteran status, disability, handicap or any other legally protected status. The county, court and the attorney shall comply with all federal, state, and local nondiscrimination requirements. [Ord. 2009-03 § .140.]
2.82.150 Effective date and expiration date.
This chapter shall take effect immediately and shall not expire until formally amended or repealed by legislative action. [Ord. 2009-03 § .150.]
2.82.160 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. [Ord. 2009-03 § .160.]