Chapter 3.38
INDIGENT DEFENSE STANDARDS

Sections:

3.38.010    Indigent defense standards adopted.

3.38.020    Guidelines for indigent defense standards.

3.38.030    Compliance with indigent defense standards.

3.38.040    Superior Court adult caseload limits and types of cases.

3.38.050    Superior Court juvenile caseload limits and types of cases.

3.38.060    Amendment.

SOURCE:    ADOPTED:

Ord. 892    12/17/13

3.38.010 Indigent defense standards adopted.

Pursuant to the requirements of RCW 10.101.030 and Order 25700-A-1004 of the Washington State Supreme Court, the indigent defense standards set forth in the Supreme Court order are hereby adopted and incorporated by this reference as fully as if herein set forth. These adopted standards shall be deemed amended, from time to time, upon amendment of the standard by the State Supreme Court.

3.38.020 Guidelines for indigent defense standards.

The standards for indigent defense services adopted by the Washington State Bar Association as approved by its Board of Governors on June 3, 2011, shall serve as a guideline in the interpretation and application of the indigent defense standards adopted in CCC 3.38.010.

3.38.030 Compliance with indigent defense standards.

Clallam County hereby requires indigent defense practitioners providing service in the Superior Court to comply with the Supreme Court order, as interpreted pursuant to the Washington State Bar Association guidelines. The staff is requested and directed to incorporate such standards in all contracts for the providing of indigent legal defense and to provide for an annual reporting system to confirm implementation of these standards as set forth by the Washington State Supreme Court. Such report shall include case count information as well as confirmation of compliance by defense counsel with the certification requirements of the Court rule.

3.38.040 Superior Court adult caseload limits and types of cases.

The caseload should allow each attorney to dedicate the time and effort necessary to ensure effective representation of each client. Caseload limits should be driven by the number and type of cases being assigned and consistent with the standards set forth below.

(1) Probation violations and partial representations (material witness, remand for disposition following appeal):

(a) One-third of a case up to five hours.

(b) Every three-hour increment beyond that an additional one-third of a case; e.g., eight hours equals two-thirds of a case, nine to 11 hours equals one full case, and 12 to 13 hours equals one and one-third cases.

(c) “Probation violations,” in addition to its ordinary meaning, is understood to include assigned representation for noncompliance hearings, community service reviews, diversion revocations and Drug Court remands.

(2) Exonerations: zero case credits (they will be absorbed in the “first appearances” formula).

(3) Case closed due to warrant status of 60-plus days and withdrawals/substitution of counsel after less than four hours: one-third case.

(4) Fugitive from justice:

(a) Two-thirds case up to first 15 hours.

(b) Additional one-third case for each additional five-hour increment.

(5) Drug Court: 0.20 caseloads (30 case credits per year).

(6) First appearances: 0.20 caseloads (30 case credits per year).

(7) Rules of Appeals of Decisions of Courts of Limited Jurisdiction (RALJ):

(a) One case up to first 25 hours.

(b) Additional one-third case for each additional eight-hour increment.

(8) Mental Health Court staffing: two case credits per year.

(9) New cases:

(a) One case up to the first 35 hours attorney time.

(b) Additional case for each extra 10-hour increment.

(10) Superior Court adult caseload general considerations:

(a) Individual attorney case credits should not exceed 150 per year.

(b) Representation on a “case” is understood to terminate upon entry of the final disposition and/or the matter being outstanding to warrant for 60 or more days.

(c) Final disposition includes judgment and sentence or disposition order (for probation violations), entry into Drug Court (upon expiration of the “opt-out” period), or 90 days following entry of a pre-trial diversion agreement.

(d) Residential drug offender sentencing alternative (DOSA) cases are to be closed upon completion of the residential treatment portion of the sentence. Motions to revoke residential DOSA, before or after the completion of the residential treatment portion of the sentence, are to be treated as probation violations. Post not guilty by reason of insanity (NGRI) proceedings outside of Mental Health Court staffing will be treated as probation violations. The standards set forth above presume supervisory attorney staffing.

3.38.050 Superior Court juvenile caseload limits and types of cases.

The caseload should allow each attorney to dedicate the time and effort necessary to ensure effective representation of each client. Caseload limits should be driven by the number and type of cases being assigned and consistent with the standards set forth below.

(1) Probation violations:

(a) One-third of a case up to five hours.

(b) Every three-hour increment beyond an additional one-third of a case; e.g., eight hours equals two-thirds of a case, nine to 11 hours equals one full case, and 12 to 13 hours equals one and one-third cases.

(2) Single count misdemeanor or gross misdemeanor cases (other than domestic violence): two-thirds of a case.

(3) Serious offenses (defined as any offense that as committed as an adult would count as a “strike,” or for which the State has indicated or has threatened to seek a manifest in justice, or which carries an allegation of sexual motivation or has a potential sexual offender registration requirement):

(a) These cases are presumed to be two case credits, up to the first 25 hours of attorney time.

(b) An additional full case credit for every eight-hour increment thereafter; e.g., a serious offense for which the attorney spends 30 hours would count as three case credits and 33 to 41 hours would count as four case credits.

(4) Termination of diversion: two-thirds of a case credit.

(5) Partial representations (this includes exonerations, matters in which there was a conflict withdrawal or private substitution of counsel where CPD had less than three-plus hours in the case):

(a) One-third of a case.

(b) An additional one-third of a case for each three-hour increment beyond the initial three hours.

(6) All other cases presumptively count as one case credit (subject to exceptional circumstances).

(7) Drug Court staffing equals 12.5 cases based on the premise that 90-plus percent of the Drug Court participants are referred thereto by the current Drug Court Staff Attorney.

(8) Superior Court juvenile caseload general considerations:

(a) Individual attorney case credits should not exceed 250 per year.

(b) Representation on a “case” is understood to terminate upon entry of the final disposition and up to two disposition review hearings and/or the matter being outstanding to warrant for 60 or more days.

(c) Final disposition includes judgment and sentence or disposition order (for probation violations), entry of a deferred disposition, and entry into Drug Court (once the “opt-out” period has lapsed).

(d) Continued representation for disposition review hearings beyond the first two such hearings would be credited at a rate of one-third of a case credit for every increment of up to three additional disposition hearings. Post NGRI proceedings will be treated as probation violations. The standards set forth above presume supervisory attorney staffing.

3.38.060 Amendment.

The Board of Clallam County Commissioners shall revisit these standards periodically but not less than six months following adoption and annually thereafter.