Chapter 2.16
MUNICIPAL PUBLIC DEFENDER
Sections:
2.16.030 Determination of indigency – Discrimination prohibited.
2.16.040 Contract attorneys – Requests for proposals – Selection.
2.16.050 Contract attorneys – Qualifications and duties – Limitations on practice.
2.16.060 Contract attorneys – Compensation – Reimbursement.
2.16.070 Contract attorneys – Substitution of counsel.
2.16.080 Contract attorneys – Reports of activity – Monitoring.
2.16.100 Termination of contract.
2.16.010 Purpose.
Recognizing that RCW 10.101.030 creates in the city a duty to adopt standards for the delivery of public defender services to indigent persons accused of crimes in the municipal court of the city, the city shall contract for the delivery of such services pursuant to this chapter. (Ord. 06-702 § 1, 2006)
2.16.020 Definitions.
Undefined terms used in this chapter shall be given their ordinary and usual meaning. The following definitions shall apply to terms used in this chapter:
A. “Contract attorney” shall mean an attorney who contracts with the city to provide public defender services.
B. “Public defender services” shall mean legal representation, consistent with the constitutional requirements of fairness, equal protection, and due process, in all cases where the right to counsel attaches in the municipal court of the city, of indigent persons and indigent persons able to contribute who are accused of misdemeanor or gross misdemeanor crimes in said court. (Ord. 06-702 § 1, 2006)
2.16.030 Determination of indigency – Discrimination prohibited.
The city adopts and incorporates RCW 10.101.010 and 10.101.020 by reference as if set forth in full herein. Indigency or lack thereof, as determined by the above-referenced statutes, shall be the sole factor in determining eligibility for public defender services. No determination of eligibility shall be based upon race, creed, color, national origin, sex, marital status, sexual orientation, age, disability, or any other prohibited classification under state or federal law. (Ord. 06-702 § 1, 2006)
2.16.040 Contract attorneys – Requests for proposals – Selection.
The city clerk-treasurer shall request bid proposals not less than 60 days prior to the stated expiration of any contract for public defender services.
A. Bid proposals submitted by prospective contract attorneys shall include at a minimum:
1. The prospective contract attorney’s name, office address, and Washington State Bar Association number;
2. Proposed monthly or per-case compensation, including administrative and support costs; and
3. Details of any other contracts for public defender services the prospective contract attorney has held within the previous five years, including the contracting agency, effective dates, and reasons for termination of each contract.
B. When the period for submissions has elapsed, the clerk-treasurer shall present all complete bid proposals meeting the requirements of subsection (A) of this section to the city council for review at regular session of the council.
1. A majority vote of the council authorizing the mayor to contract with any prospective contract attorney in accordance with that attorney’s bid proposal shall constitute selection of a contract attorney.
2. Neither the city attorney, any law enforcement officer, nor any county prosecuting attorney or deputy prosecuting attorney shall participate in the selection process.
3. Notwithstanding the foregoing, upon request of the mayor or any member of the council, the city attorney may express his legal opinion as to the qualification under this chapter of any prospective contract attorney or the meaning, requirements, or impact of the provisions of this chapter. (Ord. 06-702 § 1, 2006)
2.16.050 Contract attorneys – Qualifications and duties – Limitations on practice.
A. The city shall contract for delivery of public defender services only with members in good standing of the Washington State Bar Association who maintain a law office or other professional facility in Asotin County and complete no less than seven hours of continuing legal education each calendar year in courses relating to that attorney’s public defense practice.
B. Contract attorneys shall provide public defense services in all appointments in a skilled and professional manner consistent with Standard Two of the Washington Defender Association’s Standards for Public Defense Services, as endorsed by the Washington State Bar Association.
C. No contract attorney shall be appointed to more than 60 cases per year in the municipal court of the city.
1. For purposes of this subsection, an appeal from the municipal court of the city to the superior court of this county shall be counted as three cases, and an appeal from the municipal court to an appellate court of this state shall be counted as 12 cases.
2. This subsection shall not be construed to restrict or be affected by appointments made in any other district or municipal court of the state, nor shall this section be construed to restrict a contract attorney’s private practice so long as the standards referenced in subsection (B) of this section are upheld. (Ord. 06-702 § 1, 2006)
2.16.060 Contract attorneys – Compensation – Reimbursement.
A. Contract attorneys shall be compensated at a monthly or per-case rate commensurate with their training and experience and the expected caseload, as determined in the attorney selection process.
B. The monthly rate of compensation shall include administrative and training expenses that are reasonably expected to be borne by the contract attorney.
C. Requests for reimbursement of extraordinary costs associated with representation shall be submitted to the city clerk-treasurer for payment or denial, pursuant to the terms and conditions of the contract. The mayor shall be the final arbiter of payment or denial of reimbursement.
D. No funds received from any domestic violence penalty assessment pursuant to RCW 10.99.080 shall be expended for public defender services. (Ord. 06-702 § 1, 2006)
2.16.070 Contract attorneys – Substitution of counsel.
In any matter where the contract attorney is unable to provide public defender services to a particular defendant because of the existence of a conflict of interest or other ethical dilemma requiring the attorney to decline or withdraw from representation, the particular matter may be assigned to any other attorney who has contracted with Asotin County or any other city therein to provide public defender services.
A. Compensation for conflict services shall be at the current district court hourly rate for court appointments, or on a case-exchange basis if the contract attorney and the conflict attorney so agree.
B. If no other attorney who has an existing contract with the county or any city is able to accept representation, the judge of the municipal court is specifically authorized to appoint counsel in his sole discretion. (Ord. 06-702 § 1, 2006)
2.16.080 Contract attorneys – Reports of activity – Monitoring.
Contract attorneys shall provide to the mayor quarterly, on a form provided by the city attorney, a report of number and type of cases, attorney hours, and disposition. The contract attorney shall maintain this information separately from client files so as to disclose no privileged information.
A. Evaluation of a contract attorney’s quarterly reports may be supplemented by evidence and/or comments from the judge of the municipal court, the city attorney, other defense attorneys, and clients on the skill and effectiveness of the contract attorney.
B. The mayor shall cause a written evaluation report to issue if he finds that the contract attorney’s level of skill, effectiveness, or availability effectively deprives or imminently threatens to deprive indigent persons of their constitutional right to counsel, which shall include specific recommendations for remediation.
C. If a written evaluation report issues under subsection (B) of this section, the contract attorney may appeal the report to the council, who shall hear the appeal in executive session.
D. A second consecutive evaluation adverse to the contract attorney may form the basis for termination of a contract for public defense services pursuant to the terms of the contract and the provisions of this chapter. (Ord. 06-702 § 1, 2006)
2.16.090 Client complaints.
Complaints regarding public defender services shall be lodged with the clerk-treasurer, who shall direct such complaints to the appropriate reviewing authority as outlined in this section.
A. Complaints regarding the skill, effectiveness, or behavior of a contract attorney or conflict attorney shall be directed to a hearing officer selected by the mayor, who shall hear the complaint within 10 business days.
1. At such hearing, the hearing officer may hear evidence and comments from the aggrieved client, the contract attorney or conflict attorney, the judge of the municipal court, and the city attorney. Such comments may be given orally at the hearing or in writing beforehand.
2. The hearing officer shall issue a written ruling, within five business days of such hearing, which shall address each specific allegation of lack of skill, ineffectiveness, or improper behavior according to the following criteria:
a. Whether the allegation is well-founded;
b. Whether the allegation effectively deprived the client of his or her constitutional right to counsel; and
c. What remedial action should be taken.
3. A finding adverse to the contract attorney may form the basis for termination of a contract for public defense services pursuant to the terms of the contract and the provisions of this chapter.
B. Client complaints that do not fall within subsection (A) of this section may be resolved by executive action of the mayor, on advice from the contract attorney, the judge of the municipal court, and/or the city attorney. (Ord. 06-702 § 1, 2006)
2.16.100 Termination of contract.
A contract for public defender services may be terminated by any of the following events:
A. Expiration of the term of the contract where the contract attorney has declined to renew the contract pursuant to its renewal clause, if any;
B. Request by the contract attorney to be released from the contract for any reason; provided, that such release shall be governed by the terms and conditions of the contract;
C. A second consecutive adverse quarterly evaluation under AMC 2.16.080; or
D. An adverse written ruling after hearing of client complaint under AMC 2.16.090(A). (Ord. 06-702 § 1, 2006)
2.16.900 Severability.
If any portion of this chapter is held invalid, the remainder of this chapter shall not be affected. (Ord. 06-702 § 1, 2006)