Chapter 2.24
PUBLIC DEFENSE STANDARDS
Sections:
2.24.010 Standard one – Qualifications of counsel and assignment of contract.
2.24.020 Standard two – Compensation of counsel.
2.24.030 Standard three – Duties and responsibilities of counsel.
2.24.040 Standard four – Training of counsel, complaints, termination.
2.24.050 Standard five – Caseload reporting of counsel and limitations practice.
2.24.010 Standard one – Qualifications of counsel and assignment of contract.
In order to assure the 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:
A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and
C. Be familiar with the collateral consequences of a conviction, including possible immigration consequences and the possibility of civil commitment proceedings based on criminal convictions; and
D. Be familiar with mental health issues and be able to identify the need to obtain expert services; and
E. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice.
Under no circumstances should a contract be awarded on the basis of cost alone. Contracts should only be awarded to (1) attorneys who have at least one year’s criminal trial experience in the jurisdiction covered by the contract, or (2) to a firm where at least one attorney has one year’s trial experience.
City attorneys, county prosecutors, and law enforcement officers should not select the attorneys who will provide indigent defense services.
The attorney engaged by local government to provide public defense services should not sub-contract with another firm or attorney to provide representation and should remain directly involved in the provision of representation. If the contract is with a firm or office, the contracting authority should request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications.
Neither the contracting authority, in its selection of an attorney, firm or agency 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, gender, sexual orientation or disability. Both the contracting authority and the contractor shall comply with all federal, state, and local nondiscrimination requirements. (Ord. 985 § 1, 2014; Ord. 940 § 1, 2011).
2.24.020 Standard two – Compensation of counsel.
Public defense attorneys and staff should be compensated at a rate commensurate with their training and experience. Compensation should reflect the time and labor required to be spent by the attorney and the degree of professional experience demanded by the case. Assigned counsel should be compensated for out-of-pocket expenses. (Ord. 985 § 1, 2014; Ord. 940 § 1, 2011).
2.24.030 Standard three – Duties and responsibilities of counsel.
The legal representation plan shall require that defense services 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 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 interests of the client. (Ord. 985 § 1, 2014; Ord. 940 § 1, 2011).
2.24.040 Standard four – Training of counsel, complaints, termination.
The legal representation plan shall require that attorneys providing public defense services participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice.
Each agency or firm or individual contract attorney providing public defense services shall have a method to respond promptly to client complaints. Complaints should first be directed to the attorney, firm or agency which provided representation. If the client feels that he or she has not received an adequate response, the contracting authority or public defense administrator should designate a person or agency to evaluate the legitimacy of complaints and to follow up meritorious ones. The complaining client should be informed as to the disposition of his or her complaint within one week.
Contract for indigent defense services shall include the grounds for termination of the contract by the parties. Termination of a provider’s contract should only be for good cause. Termination for 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. (Ord. 985 § 1, 2014; Ord. 940 § 1, 2011).
2.24.050 Standard five – Caseload reporting of counsel and limitations practice.
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, county offices, contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. The caseload of a full-time public defense attorney should not exceed 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.
A “case” is defined as the filing of a document with the court naming a person as defendant or respondent, to which a public defense attorney is appointed in order to provide representation.
Caseload limits should be determined by the number of cases being accepted and on the local prosecutor’s charging and plea bargaining practices. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the contracting agency should ensure that attorneys not accept more cases than they can reasonably discharge. In these situations, the caseload should be based on the percentage of time the lawyer devotes to public defense.
The legal representation plan shall require that the defense attorney or office maintain a case-reporting and management information system which includes number and type of cases, attorney hours and disposition. This information shall be provided regularly to the contracting authority and shall also be made available to the Office of the Administrator of the Courts. Any such system shall be maintained independently from client files so as to disclose no privileged information.
For attorneys under contract, payment should be made monthly, or at times agreed to by the parties, without regard to the number of cases closed in the period.
Contracts for public defense representation with private attorneys or firms shall set limits on the amount of privately retained work which can be accepted by the contracting attorney. These limits shall be based on the percentage of a full-time caseload which the public defense cases represent. (Ord. 985 § 1, 2014; Ord. 940 § 1, 2011).