Chapter 2.20
PUBLIC DEFENSE SERVICES
Sections:
2.20.010 Delivery of public defense services.
2.20.020 Compensation of counsel.
2.20.030 Duties and responsibilities of counsel.
2.20.040 Case load limits and types of cases.
2.20.050 Responsibility for expert witness fees and associated services.
2.20.060 Reporting procedures.
2.20.070 Training, supervision, monitoring and evaluation of counsel.
2.20.080 Substitution of counsel and assignment of contracts.
2.20.090 Limitation on private practice.
2.20.100 Qualification of counsel.
2.20.110 Disposition of client complaints.
2.20.120 Termination of contract or removal of counsel.
2.20.130 Prohibition of discrimination.
2.20.010 Delivery of public defense services.
The city of Poulsbo generally provides public defense services through contracting with public defense counsel (counsel). To assure continued compliance with RCW 10.101.030, this chapter defines the standards for the city of Poulsbo’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 chapter, counsel shall be required to comply with such additional provisions established in the individual contract. (Ord. 2010-24 § 1, 2010)
2.20.020 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, administrative costs, support services, 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. (Ord. 2010-24 § 2, 2010)
2.20.030 Duties and responsibilities of counsel.
Pursuant to the requirements of RCW 10.101.030, indigent defense shall be provided by counsel in accordance with the standards established in Order No. 25700-A-100 of the Supreme Court of Washington; provided, however, that Standard 3.4 shall not become effective until September 1, 2013. The guidelines adopted by the Washington State Bar Association as Standards for Indigent Defense Services, approved by the Board of Governors on July 3, 2011, shall serve as a guide to interpret and apply the Supreme Court standards. In addition, counsel shall follow the duties and responsibilities set forth in the individual contract, including but not limited to:
A. Counsel shall maintain malpractice insurance with agreed-upon policy limits.
B. The individual contract shall require that public defender services be provided to all clients in a professional, skilled manner consistent with the minimum standards established, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases.
C. Counsel shall certify compliance with the Standards to the Poulsbo municipal court and shall provide copies of all certifications to the city. (Ord. 2012-14 § 1, 2012: Ord. 2010-24 § 3, 2010)
2.20.040 Case load limits and types of cases.
In anticipation of the implementation of Standard 3.4 of the Supreme Court rules, the city hereby indicates its preliminary intent to utilize an unweighted system. The city reserves the right to amend the case count methodology based upon its assessment of the needs of the city. Until September 1, 2013, counsel shall comply with the limitations contained in the existing contract. 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 incorporated in the individual contract. (Ord. 2012-14 § 2, 2012: Ord. 2010-24 § 4, 2010)
2.20.050 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. (Ord. 2010-24 § 5, 2010)
2.20.060 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 Poulsbo 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. (Ord. 2010-24 § 6, 2010)
2.20.070 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 Bar Association. (Ord. 2010-24 § 7, 2010)
2.20.080 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. (Ord. 2010-24 § 8, 2010)
2.20.090 Limitation 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 indigent defense contract be a priority over private or special appointment case loads. 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. (Ord. 2010-24 § 9, 2010)
2.20.100 Qualification 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. (Ord. 2010-24 § 10, 2010)
2.20.110 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. (Ord. 2010-24 § 11, 2010)
2.20.120 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. (Ord. 2010-24 § 12, 2010)
2.20.130 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 Poulsbo and counsel shall comply with and ensure compliance with Title IV of the Civil Rights Act of 1964 and the Americans with 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. (Ord. 2010-24 § 13, 2010)