Chapter 1.352 PUBLIC DEFENSE STANDARDS

Chapter 1.352
PUBLIC DEFENSE STANDARDS

Sections:

1.352.010 Adoption.

1.352.020 Definitions.

1.352.030 Compensation.

1.352.040 Duties and responsibilities of counsel.

1.352.050 Caseload limits and types of cases.

1.352.060 Services other than counsel.

1.352.070 Administrative expenses.

1.352.080 Reports of attorney activity and vouchers.

1.352.090 Continuing legal education.

1.352.100 Supervision.

1.352.110 Monitoring and evaluation of attorneys.

1.352.120 Substitution of attorneys or assignment of contracts.

1.352.130 Limitations on private practice of contract attorneys.

1.352.140 Qualifications of attorneys.

1.352.150 Disposition of client complaints.

1.352.160 Cause for termination or removal of attorney.

1.352.170 Non-discrimination.

1.352.180 Guidelines for awarding defense contracts.

1.352.010 Adoption.

The Chelan County board of commissioners (“the commissioners”) hereby adopt the policy regarding the standards for the delivery of public defense services in Chelan County, as set forth herein, to provide for the delivery of public defense services, where eligibility is established. (Res. 2001-17 (part), 2/6/01).

1.352.020 Definitions.

For the purpose of this chapter, the following words and phrases have the designated meaning unless a different meaning is expressly provided.

(1) “Public defense attorney” means any attorney who, pursuant to a contract with Chelan County or the state of Washington, or appointed by a court of competent jurisdiction, provides legal counsel to an indigent criminal defendant in Chelan County.

(2) “Lead attorney” means the attorney hired to provide legal counsel to an indigent criminal defendant who bears

primary responsibility and authority for making decisions and taking action regarding that indigent defendant’s case. (Res. 2001-17 (part), 2/6/01).

1.352.030 Compensation.

Public defense attorneys in Chelan County should be compensated in accordance with the contract executed by the respective parties. This amount will reflect the level of responsibility and criminal activity involved and may also take into consideration the experience and training of the attorney(s). (Res. 2001-17 (part), 2/6/01).

1.352.040 Duties and responsibilities of counsel.

All public defense contracts shall require that defense services be provided to all clients in a professional, skilled manner consistent with minimum standards as set forth herein, including without limitation, 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. (Res. 2001-17 (part), 2/6/01).

1.352.050 Caseload limits and types of cases.

All public defense contracts involving the representation of more than one indigent defendant shall specify the types of cases for which representations will be provided. Caseloads should allow each lawyer to give each client the time and effort necessary to ensure effective representation. No attorney or firm rendering indigent defense services should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. A lawyer should not allow his or her private law practice to interfere with the representation of indigent defendants. (Res. 2001-17 (part), 2/6/01).

1.352.060 Services other than counsel.

Reasonable compensation for expert witnesses, investigators and other services necessary to an adequate preparation and presentation of the defense case shall be provided pursuant to express contractual terms. Preference shall be given to the selection of expert witnesses, investigators and other services from an approved list. Fees will be paid as provided in the subject contract, unless otherwise ordered by the court. (Res. 2001-17 (part), 2/6/01).

1.352.070 Administrative expenses.

Public defense attorneys in Chelan County shall be responsible for paying all administrative expenses of their office or firm not otherwise provided for in these standards or by contract. Such costs may include law libraries, financial accounting, case management systems and other costs incurred in the day to day management of the contract office or firm. (Res. 2001-17 (part), 2/6/01).

1.352.080 Reports of attorney activity and vouchers.

(a) Public defense attorneys in Chelan County shall maintain a case reporting and management information system which includes the number and type of cases, client name, and attorney assigned for each case. This information shall be provided regularly to the county in accordance with the contract. Any such system shall be maintained independently from client files so as to disclose no privileged information.

(b) A standardized voucher form shall be used by attorneys seeking payment for services rendered. Attorneys shall obtain court order approving the payment of the fees and then present the court order and voucher to the Chelan County commission for payment. Payment should be made at times agreed to by the parties, without regard to the number of cases closed in the period.

(c) On cases for which attorneys are paid an hourly rate, attorneys shall submit detailed records of the time and expenses incurred with the voucher for which payment is requested. The detailed records shall contain the following information—client name—date of assignment—cause number—charge(s)—disposition of case—date closed—if a trial was held, the number of days of trial—itemization of work performed and time spent (to the nearest one-tenth of an hour per day). (Res. 2001-17 (part), 2/6/01).

1.352.090 Continuing legal education.

Attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum of five hours of continuing legal education (CLE) per year for attorneys whose practice consists of less than fifty percent public defense services and seven CLE hours per year for attorneys whose practice consists of greater than fifty percent public defense services annually in areas relating to their public defense practice.

In offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held to inform them of office procedure and policy. All attorneys should be required to attend regular in-house training programs on developments in criminal law, criminal procedure and the forensic sciences. Attorneys in dependency practices should attend training programs in these areas. Offices should also implement procedures to inform new attorneys of the rules and procedures of the courts within their jurisdiction, including the providing of copies of the rules and procedures of the courts. (Res. 2001-17 (part), 2/6/01).

1.352.100 Supervision.

Each agency or firm providing public defense services should provide one full-time supervisor for every ten staff lawyers or one half-time supervisor for every five lawyers. Supervisors should be chosen from among those lawyers in the office qualified under these guidelines to try Class A felonies. (Res. 2001-17 (part), 2/6/01).

1.352.110 Monitoring and evaluation of attorneys.

Contracts for public defense services may be monitored and evaluated by the judges of the respective courts. Supervision and evaluation efforts should include review of time and caseload records. (Res. 2001-17 (part), 2/6/01).

1.352.120 Substitution of attorneys or assignment of contracts.

(a) The lawyer or firm engaged by the county to provide public defense services shall not subcontract with another firm or lawyer to provide representation and shall remain directly involved in the provision of representation, except as provided by written agreement and/or directed by a court of competent jurisdiction.

(b) If the contract is with a firm or office, the county may request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. Any public defense contract shall address the procedures for new counsel taking over upon the conclusion of the contract. (Res. 2001-17 (part), 2/6/01).

1.352.130 Limitations on private practice of contract attorneys.

New contracts for public defense attorneys with private attorneys or firms may set limits on the number of private cases which can be accepted by the contracting attorney. An attorney or firm rendering indigent defense services shall not allow his/her private practice to diminish his/her ability to represent indigent defendants. (Res. 2001-17 (part), 2/6/01).

1.352.140 Qualifications of attorneys.

(a) In order to assure that indigents accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services must meet the following minimum professional qualifications:

(1) Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and

(2) Complete the hours of continuing legal education within each calendar year as set forth in Section 1.352.080.

(b) Trial attorney’s qualifications according to severity or type of case:

(1) Death Penalty Representation. Each attorney acting as lead counsel in a death penalty case shall meet the following requirements:

(A) The minimum requirements set forth in this section; and

(B) At least five years criminal trial experience; and

(D) Has served as counsel in at least one completed jury trial in which the defendant was charged with homicide; and

(E) Has completed at least one seminar containing a death penalty section.

(2) Adult Felony Cases—Class A. Each attorney representing a defendant accused of a Class A felony shall meet the following requirements:

(A) Minimum requirements set forth in this section; and

(B) Has practiced law for one year and has been trial counsel in five felony cases that have been submitted to a jury.

(3) Adult Felony Cases—All Other Felonies Probation or Parole Revocation. Each attorney representing a defendant accused of a Class B felony or a Class C felony or involved in a probation or parole revocation hearing shall meet the following requirements:

(A) Minimum requirements set forth in this section; and

(B) Either:

(i) Has served one year as a prosecutor; or

(ii) Has served one year as appointed counsel for indigent defendants; or

(iii) Has been trial counsel alone in two criminal cases that have been submitted to a jury; and

(4) Juvenile Cases. Each attorney representing a juvenile accused shall meet the minimum requirements set forth in this section.

(5) Misdemeanor Cases and Mental Commitment Hearings. Each attorney representing a defendant involved in a matter concerning a gross misdemeanor or condition

of confinement shall meet the requirements as outlined in this section.

(6) Dependency Cases. Each attorney representing a client in a dependency matter shall meet the following requirements:

(A) The minimum requirements as outlined in this section; and

(B) Attorneys handling deprivation/termination hearings shall have six months’ dependency experience or six months’ comparable experience regarding child custody issues.

(1) Legal interns must meet the requirements set out in APR 9.

(2) Legal interns shall receive training pursuant to APR 9. (Res. 2001-17 (part), 2/6/01).

1.352.150 Disposition of client complaints.

The following procedure shall be utilized for responding 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 contract administrator should evaluate the legitimacy of the complaint and, if possible, resolve the complaint. The complaining client should be informed as to the disposition of his or her complaint within a reasonable time period. If the client feels dissatisfied with the evaluation and response received, he/she should be advised of the right to complain to the Washington Bar Association. (Res. 2001-17 (part), 2/6/01).

1.352.160 Cause for termination or removal of attorney.

(a) New contracts for defense services should include the grounds for termination of the contract by the parties. Termination of an attorney’s contract should only be for good cause. 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.

(b) The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore should not occur over the objection of both the attorney and the client. (Res. 2001-17 (part), 2/6/01).

1.352.170 Non-discrimination.

Neither the county, 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, sex, sexual orientation or handicap. (Res. 2001-17 (part), 2/6/01).

1.352.180 Guidelines for awarding defense contracts.

(a) The county will award contracts for public defense services only after determining that the attorney or firm chosen can meet accepted professional standards and the qualifications outlined in Section 1.352.140. Under no circumstances will a contract be awarded on the basis of cost alone. Attorneys or firms seeking contracts for public defense services must demonstrate their ability to meet these standards.

(b) The county prosecutors and law enforcement offices shall not select the attorneys who will provide indigent defense services, nor shall they be involved in the negotiations of contracts for attorneys who will provide indigent defense services. Drafting contracts and/or rendering legal opinions to the board of commissioners regarding same by the county prosecutors shall be permitted. (Res. 2001-17 (part), 2/6/01).