Chapter 2.36
PUBLIC DEFENDER
Sections:
2.36.010 Establishment of district.
2.36.030 Functions, duties and powers.
2.36.040 Compensation and support services.
2.36.050 Governing regulations.
2.36.060 Duties and responsibilities of counsel.
2.36.070 Conflict of interest.
2.36.080 Training, supervision, monitoring and evaluation of attorneys.
2.36.085 Qualifications of counsel.
2.36.090 Disposition of client complaints.
2.36.095 Cause for termination or removal of attorney.
2.36.005 Purpose.
It is declared a public purpose that each citizen is entitled to equal justice under law without regard to his ability to pay. It is the intention of Skagit County to make publicly financed legal services available to the indigent and the near indigent person in all matters when the individual is charged with an offense for which, if convicted, he could be incarcerated. It is also the intention of Skagit County to make such services available in an efficient manner which provides adequate representation at reasonable costs to the county. (Ord. 13071 (part), 1991)
2.36.010 Establishment of district.
There is created the Skagit County Public Defender District. (Ord. 13071 (part), 1991)
2.36.015 Eligibility.
The Office of Assigned Counsel shall make an investigation and determination of eligibility for all requests for legal defense services through the Office of Public Defender. (Ord. 13071 (part), 1991)
2.36.020 Recoupment.
The Office of Assigned Counsel shall secure reimbursement from eligible persons, including the parents of juveniles receiving legal defense for offender charges through the program where such persons can afford to pay some or all of the costs to Skagit County of providing them such legal defense services. (Ord. 13071 (part), 1991)
2.36.030 Functions, duties and powers.
The functions, duties and powers of the Office of Public Defender shall be as prescribed by the Revised Code of Washington Chapter 36.26, and other applicable laws of the State of Washington and Skagit County. (Ord. 13071 (part), 1991)
2.36.040 Compensation and support services.
The Office of Public Defender shall receive such compensation as shall be provided for in the annual current expense budget of Skagit County. Compensation will be based upon the training, experience, and level of responsibility of the attorney. Skagit County shall also provide the Office of Public Defender with adequate numbers of investigators and support staff to insure the effective performance of defense counsel during trial preparation, in the preparation of dispositional plans, and at sentencing. (Ord. 13071 (part), 1991)
2.36.045 Staff.
The Office of Public Defender shall have a Director and such staff as may be provided for in the annual current expense budget of Skagit County. The Public Defender shall have sufficient staff to properly carry out all obligations under this chapter. (Ord. 13071 (part), 1991)
2.36.050 Governing regulations.
The Office of Public Defender for Skagit County will be governed by all laws and ordinances of Skagit County and the laws of the State of Washington. (Ord. 13071 (part), 1991)
2.36.060 Duties and responsibilities of counsel.
All attorneys employed by the Office of Public Defender shall provide defense services to all clients in a professional, skilled manner consistent with standards set forth by the American Bar Association, Washington State Bar Association, the Rules of Professional Conduct, case law and applicable 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 interest of the client. (Ord. 13071 (part), 1991)
2.36.065 Caseload limits.
The caseload of the Office of Public Defender should allow each lawyer to give each client the time and effort necessary to insure effective representation. The Public Defender should not accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. The caseload of a full‑time deputy public defender should not exceed the following:
(1) 150 felonies per attorney per year, excluding murder cases; or
(2) 425 misdemeanors per attorney per year; or
(3) 250 juvenile offender cases per attorney per year; or
(4) 60 juvenile dependency clients per attorney per year. (Ord. 13071 (part), 1991)
2.36.070 Conflict of interest.
The Director of the Office of Public Defender shall notify the Office of Assigned Counsel Coordinator of any apparent conflict of interest in any particular case, and the Office of Assigned Counsel shall, in turn, assign such cases to outside firms. (Ord. 13071 (part), 1991)
2.36.075 Expert witnesses.
Reasonable compensation for expert witnesses necessary to the preparation and presentation of the defense case shall be provided in the professional services budget of the Office of Public Defender. All expenditures from this fund must be approved by the Director of the Public Defender Office. (Ord. 13071 (part), 1991)
2.36.080 Training, supervision, monitoring and evaluation of attorneys.
Public Defenders should participate in regular training programs on criminal defense law, including a minimum of 7 hours of continuing legal education annually in areas relating to their public defense practice. The Office of Public Defender shall provide supervision for the staff attorneys. Supervisory responsibilities shall be carried out by the Senior Deputy, Chief Deputy and the Director. The Office of Public Defender shall follow the procedure established by Skagit county for systematic monitoring and evaluation of attorney performance based upon published criteria in the Skagit County Personnel Policies and Procedures Manual. Attorneys should be evaluated on their skill and effectiveness as criminal defense lawyers. (Ord. 13071 (part), 1991)
2.36.085 Qualifications of counsel.
In order to insure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services should meet the following minimum professional qualifications:
(1) Minimum Professional Qualifications.
(a) Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and
(b) Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice.
(2) Trial Attorneys’ Qualifications According to Severity or Type of Case.
(a) Death Penalty Representation. Each attorney acting as lead counsel in a death penalty case shall meet the following requirements:
(i) The minimum requirements set forth in subsection (1) of this section; and
(ii) At least five years criminal trial or public defense experience; and
(iii) Have prior experience as lead counsel in no fewer than eight felony jury trials which were tried to completion; and
(iv) Have served as lead or co‑counsel in at least one aggravated homicide jury trial in which either the death penalty or life without parole was sought, or served as lead counsel in two murder trials; and
(v) Have completed at least one death penalty defense seminar within the previous three years, or had significant felony jury trial experience during that period.
(b) Adult Felony Cases—Class A. Each staff attorney representing a defendant accused of a Class A felony as defined in R.C.W 9A.20.020 shall meet the following requirements:
(i) Minimum requirements set forth in subsection (1) of this section; and
(ii) Either:
[a] Has served two years as a prosecutor; or
[b] Has served two years 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 five felony cases that have been submitted to a jury;
(iii) Each attorney shall be accompanied by a supervisor at his first Class A felony jury trial.
(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 R.C.W 9A.20.020 shall meet the following requirements:
(i) Minimum requirements set forth in subsection (1) of this section; and
(ii) Either;
[a] Has served one year as prosecutor; or
[b] Has served one year as public defender; and
[c] Has been trial counsel alone or with other counsel and handled a significant portion of the trial in one Class C felony case that has been submitted to a jury;
(iii) Each attorney shall be accompanied by a supervisor at his first Class B felony jury trial under this section.
(d) Adult Felony Cases—All other Class B Felonies, Class C Felonies, Probation or Parole Revocation. Each staff attorney representing a defendant accused of a Class B felony not defined in subsection (2)(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 shall meet the following requirements:
(i) Minimum requirements set forth in subsection (1) of this section; and
(ii) 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
[d] Or is determined to be competent to represent the defendant as determined by the Director of the Public Defender Office;
(iii) Each attorney shall be accompanied at his first felony trial by a supervisor.
(e) Juvenile Offender Cases. Each attorney representing a juvenile offender shall meet the following requirements:
(i) Minimum requirements set forth in subsection (1) of this section; and
(ii) Each attorney shall be accompanied at his first juvenile misdemeanor and felony trial by a supervisor.
(f) Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a gross misdemeanor, misdemeanor or probation violation shall meet the following requirements:
(i) Minimum requirements set forth in subsection (1) of this section; and
(ii) Each attorney shall be accompanied at his first bench trial and jury trial by a supervisor.
(g) Dependency Cases. Each attorney representing a client in a dependency or termination of parental rights case shall meet the following requirements:
(i) Minimum requirements set forth in subsection (1) of this section; and
(ii) Each attorney shall be accompanied at his first termination hearing by a supervisor.
(h) Civil Commitment Cases. Each attorney representing a respondent shall meet the requirements set forth in subsection (1) of this section.
(3) Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall meet the following requirements:
(a) The minimum requirements as outlined in subsection (1) of this section; and
(b) Either:
(i) Has filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or
(ii) Has equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work.
(4) Legal Interns.
(a) Legal interns must meet the requirements set out in APR 9.
(b) Legal interns shall receive training pursuant to APR 9 and Standard Nine, Training. (Ord. 13071 (part), 1991)
2.36.090 Disposition of client complaints.
It shall be the responsibility of the Office of Public Defender to respond promptly to client complaints. The attorney handling the case should be the first person to deal with the complaint. If the client feels that he has not received an adequate response, the Director of the office shall deal with the client complaint and respond accordingly, depending on the nature of the conduct complained of. The Director should inform the complaining client as to the disposition of the complaint within a reasonable period of time. If the client feels dissatisfied with the evaluation and response received, he should be advised of the right to complain to the Washington Bar Association. (Ord. 13071 (part), 1991)
2.36.095 Cause for termination or removal of attorney.
Termination of an attorney in the Office of Public Defender following the six month probationary period set forth in the Skagit County Personnel Policies and Procedures Manual shall be for good cause. (Ord. 13071 (part), 1991)
2.36.100 Severability.
Should any part of this chapter be declared illegal, the validity of the remaining provisions shall not be affected. And should it appear that any provision of this chapter is in conflict with any statutory provision of the State of Washington, then said chapter provision shall be deemed to be inoperative and null and void insofar as they are in conflict therewith and shall be modified to conform to such statutory provision. (Ord. 13071 (part), 1991)