Chapter 2.80
PUBLIC DEFENDER

Sections:

2.80.010    Authority to appoint.

2.80.020    Indigent defense services standards.

2.80.030    Appointment of substitute public defender.

2.80.040    Appointment from attorneys’ list.

2.80.050    Compensation for substituting attorney.

2.80.010 Authority to appoint.

The mayor is authorized to appoint a qualified attorney who is authorized to practice law in the state as the public defender for the city. (Ord. 880 § 1, 1975).

2.80.020 Indigent defense services standards.

To the extent appropriate at the municipal court level, the Washington State Bar Association Standards for Indigent Defense Services shall constitute standards for the delivery of public defense services as that term is used in RCW 10.101.030 until such time as the city council may by ordinance adjust those standards. (Ord. 19-15 § 1, 2015; Ord. 880 § 2, 1975).

2.80.030 Appointment of substitute public defender.

If the public defender appointed under BMC 2.80.010 is prohibited from representing an indigent defendant due to an ethical conflict pursuant to the Code of Professional Responsibility of the Washington State Bar Association, then the mayor is authorized to appoint a substitute public defender to represent said indigent defendant. The appointment shall be made on a case-by-case basis and shall only be made after the judge for the municipal court indicates said defendant is eligible for the appointment of a public defender and only after the judge or the public defender indicates that there is a conflict of interest pursuant to the Code of Professional Responsibility. (Ord. 1035 § 1, 1982).

2.80.040 Appointment from attorneys’ list.

The substitute public defender shall be appointed from the attorneys’ list of the Pierce County or King County Bar Association. (Ord. 1035 § 2, 1982).

2.80.050 Compensation for substituting attorney.

The mayor shall negotiate with the proposed substituting attorney a fair and reasonable rate of compensation for the legal services to be rendered by said attorney. (Ord. 1035 § 3, 1982).