Chapter 2.90
SKAMANIA COUNTY STANDARDS FOR PUBLIC DEFENDER SERVICES
Sections:
2.90.010 Standard I—Attorney caseloads.
2.90.020 Standard II—Compensation of attorneys.
2.90.030 Standard III—Guidelines for awarding defense contracts.
2.90.040 Standard IV—Minimum qualifications for public defense counsel.
2.90.050 Standard V—Professional development and training.
2.90.060 Standard VI—Investigators.
2.90.070 Standard VII—Management reports of attorney activity and vouchers.
2.90.080 Standard VIII—Disposition of client complaints.
2.90.090 Standard IX—Nondiscrimination.
2.90.010 Standard I—Attorney caseloads.
The caseload of public defense attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations nor assigned counsel should be required to accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. The caseload of a public defense attorney or assigned counsel should not exceed the following:
150 Felonies per attorney per year;
300 Misdemeanors per attorney per year;
250 Juvenile offender cases per attorney per year; or
250 Civil commitment cases per attorney per year. (Ord. No. 2008-12, 11-25-08)
2.90.020 Standard II—Compensation of attorneys.
Public defense attorneys should be compensated at a rate competitive in the marketplace but commensurate with their training and experience. Services which require extraordinary fees should be defined in the contract. (Ord. No. 2008-12, 11-25-08)
2.90.030 Standard III—Guidelines for awarding defense contracts.
The county should award contracts for public defender services only after determining that the attorney or firm chosen can meet accepted professional standards. With recognition of the valuable effect of the marketplace upon prospective contractors, no contract should be awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards. (Ord. No. 2008-12, 11-25-08)
2.90.040 Standard IV—Minimum qualifications for public defense counsel.
A. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defender services should meet the following minimum professional qualifications:
1. Satisfy the minimum requirements for practicing law in the State of Washington as determined by the Washington Supreme Court.
2. Complete seven hours of continued legal education within each calendar year, or twenty-one hours within three years, involving the practice of criminal law in the State of Washington, or involving trial practice in the Superior Courts of the State of Washington.
3. Be a member in good standing of the Washington State Bar Association.
B. Attorneys providing public defender services should have the following qualifications according to severity or type of case:
1. Adult felony and juvenile offender cases—Class A. Each staff attorney representing a defendant accused of a class A felony as defined in RCW 9A.20.020 shall meet the following requirements:
a. Minimum requirements set forth in Section 1, and
b. Has been the primary trial counsel, or has handled a substantial portion of the trial with other counsel, or a significant number of serious and complex felony cases that have been submitted to a jury.
2. Adult felony and juvenile offender cases—Class B and C: Probation or parole revocations. Each staff attorney representing a defendant accused of a class B or C felony, as defined in RCW 9A.20.020, or involved in a probation or parole revocation hearing shall meet the following requirements:
a. Minimum requirements set forth in Section 1, and
b. Has been the primary trial counsel, or has handled a substantial portion with other counsel, of a felony case that was submitted to a jury.
3. Adult or juvenile court misdemeanor cases. Each staff attorney representing a defendant involved in a matter concerning a gross misdemeanor or misdemeanor involving possible jail confinement shall meet the requirements as outlined in Section 1 (Ord. No. 2008-12, 11-25-08)
2.90.050 Standard V—Professional development and training.
Attorneys providing public defender services should participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education in criminal law each year. 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. No. 2008-12, 11-25-08)
2.90.060 Standard VI—Investigators.
Public defender offices, assigned counsel, and private law firms holding contracts to provide representation for indigent accused should have the ability, in appropriate circumstances, to employ investigators with criminal investigation training and experience. (Ord. No. 2008-12, 11-25-08)
2.90.070 Standard VII—Management reports of attorney activity and vouchers.
A Contract. The public defender will maintain a case-management and information system to report to the county contractual and management data. Any such system will be maintained so as to disclose no privileged information. (Ord. No. 2008-12, 11-25-08)
2.90.080 Standard VIII—Disposition of client complaints.
Client complaints should first be directed to the attorney or firm representing the client. If the client feels an inadequate response is received, the matter shall be brought to the attention of the court in open session. This process is not meant to supplant the Washington State Bar Ethical Rules, to prevent a complaint to the Bar or to represent or advocate for the complainant. (Ord. No. 2008-12, 11-25-08)
2.90.090 Standard IX—Nondiscrimination.
Neither the county nor the attorneys selected shall discriminate on the grounds of race, color, religion, national origin, age, marital status, sex, veteran status or handicap. Both the county and contractor shall comply with all federal and state nondiscrimination requirements. (Ord. No. 2008-12, 11-25-08)