RES 2014-14 ADOPTING PUBLIC DEFENSE STANDARDSRESOLUTION NO. 2014 -14
A RESOLUTION adopting public defense standards and
requesting the City Manager to evaluate the current provision of
indigent defense services and report to the City Council in the
annual budget cycle.
WHEREAS, Section 10.101.030 of the Revised Code of Washington requires cities
operating a court to adopt standards for the delivery of public defense services; and
WHEREAS, the Honorable Robert S. Lasnik of Federal District Court for Western
Washington in his decision in Wilbur v. Mt. Vernon provides guidance to cities regarding the
provision of indigent defense services and the funding and evaluation of such services; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS
FOLLOWS:
Section 1. The City of Bainbridge Island hereby adopts the following standards for the
provision of Public Defense Services:
1. DUTIES AND RESPONSIBILITIES.
1.1 Public Defense Services shall be provided to all clients in a professional,
skilled manner consistent with the minimum standards set forth by the Washington State Bar
Association Standards for Indigent Defense Services (June 3, 2011), the Rules of Professional
Conduct, case law and in particular the decision in Wilbur v. Mt. Vernon, and applicable court
rules defining the duties of counsel and the rights of defendants in criminal cases. The Public
Defender's primary and most fundamental responsibility is to promote and protect the interests
of the client.
1.2 Public Defense shall be provided to indigent clients whose eligibility has
been determined through an established screening process.
1.3 All Public Defenders providing services by contract shall quarterly certify
their compliance with the standards for indigent defense by filing a Certification of Compliance
as required by CrR 3.1, CrRLJ 3.1, and JuCR 9.2. Such forms shall be filed with the City's
Municipal Court. Copies of each Public Defender's certification shall be available to the City on
request:
1.4 Non - Discrimination. The Public Defender shall comply with all federal,
state and local non - discrimination laws or ordinances. The duty of non - discrimination relates not
only to the provision of services by the Public Defender to the clients, but also with respect to the
hiring and employment practices of the Public Defender Contractor.
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2. ADMINISTRATION, SUPPORT SERVICES AND INFRASTRUCTURE.
2.1 Contracts for services and proposals submitted in pursuit of such contracts
shall require the Public Defender to provide through adequate compensation provided in the
contract, adequate administrative support, including but not limited to:
2.1.1 Travel, telephones, law library and /or electronic research
capabilities, financial accounting, case management systems, computers, word processing
equipment and software, office space and supplies. Proposals for contracts shall be evaluated to
address the training of attorneys and staff (see Section 1.1 above) and provide for adequate
staffing and other costs associated with the day -to -day management of a law office.
2.1.2 Private offices and /or conference rooms shall be available which
allow the maintenance of confidentiality. A telephone system, internet access and postal address
shall be provided by the Public Defender.
2.2 The Public Defender shall provide for adequate staffing under the
contract. An adequate staff includes the provision for investigative services, legal assistance,
accounting services, case management services and /or programs and access, when needed, to the
services of a social worker, mental health professional and translator.
2.3 The contract shall provide for additional compensation for extraordinary
costs associated with defense, such as expert witness fees.
3. EVALUATION AND MONITORING.
3.1 Public Defense Services shall include a case reporting system and
information management system. Such systems shall have the capability to provide periodic
reports to the City regarding the caseloads generated under the contract for each attorney and
intern providing services under the contract, case disposition and history.
4. CASELOAD LIMITS.
The Public Defender shall comply with all caseload limitations imposed pursuant to the
Court Rule and adopted Standards of the Washington State Supreme Court.
5. CONTRACT WARRANTY.
The Public Defender, Conflict Counsel and every attorney providing indigent defense
services by contract with the City shall warrant that he /she has:
5.1 Read the Wilbur decision and will provide service in accord with its
provisions, and
5.2 Ensured that the compensation provided is sufficient to provide adequately
for the training, administrative and staff services, and infrastructure required by these Standards,
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Court Rule and the State and Federal Constitution.
6. TERMINATION AND REMOVAL.
6.1 Termination of the contract shall occur only for "good cause." Good
cause shall include the failure of the contract Public Defender to render adequate representation
to clients, the willful disregard of the rights and best interests of the client, and /or the willful
disregard of these Standards. Termination may also occur for violation of the express terms of
the contract, provided, however, that the Public Defender shall be provided reasonable
opportunity, following notice, to cure any technical contract violations that do not impair the
provision of quality representation to the indigent client.
6.2 Removal by the court of counsel from representation normally should not
occur over the objection of the attorney and the client.
7. SUBCONTRACTORS, SUBSTITUTION, AND CONFLICT COUNSEL.
7.1 In the event of conflict or removal of the Public Defender, Conflict
Counsel shall be available, either through a joint contract with the Public Defender and Conflict
Counsel, by separate contract with Conflict Counsel or by court appointment. In the event that
alternative or Conflict Counsel is required to be assigned, the Public Defender shall bear no part
of the costs associated with the appointment of an alternative or Conflict Counsel. The contract
should address the procedures for continuing representation of clients upon conclusion of the
agreement.
7.2 Conflict Counsel shall adhere to the standards established by this
resolution, including but not limited to, an evaluation of the overall case count annually by
Conflict Counsel under the procedures set forth in this agreement.
8. UPDATE AND EVALUATION.
As the rules established by the Washington State Supreme Court are applied and
interpreted by the courts and, when appropriate, the Bar Association and other administrative
agencies, the City states its intent to review and modify these standards.
Section 2. The City Council emphasizes that this resolution initiates a process for review for
standards for indigent defense with the public defender and requests the City Manager and his
staff to begin a process to review and evaluate the provision of public defense services.
2.1 The City Manager is requested to use as guidelines the Wilbur decision, the
Washington State Bar Association Standards for Indigent Defense Services approved, June 3,
2011, and the Washington State Supreme Court in the review.
2.2 The City Manager is requested to review any existing contracts and recommend
amendments as appropriate to incorporate these standards by October 1, 2014, or such other date
as is appropriate in the budget process.
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2.3 The City Manager is requested to utilize these standards in an ongoing evaluation
process to ensure that provision of indigent defense service complies with these standards and
the State and Federal Constitution.
PASSED by the City Council this 23rd day of June, 2014.
APPROVED by the Mayor this 23rd day of June, 2014.
ATTEST /AUTHENTICATE:
" t? Y&A�
Anne S. Blair, Mayor
By: 77 "L cCD . U 5t�--
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: June 11, 2014
PASSED BY THE CITY COUNCIL: June 23, 2014
RESOLUTION NO. 2014 -14
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