Chapter 2.44
OFFICE OF PUBLIC DEFENSE
Sections:
2.44.010 Creation and purpose.
2.44.030 Appointment of Director.
2.44.040 General powers and duties of Director.
2.44.050 Powers and duties of Office of Public Defense.
2.44.060 Duties and responsibilities of counsel.
2.44.070 Standards for public defense.
2.44.080 Application fee established.
2.44.090 Municipal public defense services.
2.44.010 Creation and purpose.
There is hereby created as a department of Cowlitz County the Office of Public Defense. The purpose of the Office of Public Defense is to provide effective legal representation for indigent persons and persons who are indigent and able to contribute, consistent with the constitutional requirements of fairness, equal protection and due process, in all cases where the right to counsel attaches. It is the intention of Cowlitz County to make publicly financed legal services available to indigent persons, and persons who are indigent and able to contribute, in all matters where the individual is charged with an offense for which, if convicted, he or she could be incarcerated, and to provide such services in an efficient manner that provides adequate representation at reasonable cost to the county. [Ord. 15-077, 8-11-15; Ord. 06-115, § 1, 9-12-06.]
2.44.020 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
“Board” means Board of Cowlitz County Commissioners.
“Director” means the appointed Director of the Cowlitz County Office of Public Defense.
“Indigent” has the same meaning as that term is defined in Chapter 10.101 RCW, as now enacted or hereinafter amended.
“Legal services” means legal representation provided by an individual licensed attorney and associated paraprofessional staff to an individual client, pursuant to a case assignment or court appointment.
“Office” means the Cowlitz County Office of Public Defense.
“Paraprofessional staff” includes investigators, social workers, legal assistants and paralegals. [Ord. 15-077, 8-11-15; Ord. 06-115, § 2, 9-12-06.]
2.44.030 Appointment of Director.
The Board, upon consultation with the presiding Judges of the District and Superior Courts and a representative of the Cowlitz County Bar Association, shall appoint a Director of the Cowlitz County Office of Public Defense. The Director shall serve at the pleasure of the Board and shall be subject to the county’s exempt personnel policies. [Ord. 15-077, 8-11-15; Ord. 06-115, § 3, 9-12-06.]
2.44.040 General powers and duties of Director.
The Director must be a member in good standing of the Washington State Bar Association. The Director shall perform all attorney functions authorized by this chapter in accordance with the Rules of Professional Responsibility pertaining to attorneys licensed to practice law in the state of Washington, and in accordance with all applicable court rules.
The Director shall receive such compensation and shall have such staff as may be provided for in the budget of Cowlitz County for the Office of Public Defense.
The Director shall have administrative responsibility for the Office. The Director, or any deputy public defense attorney assigned by the Director, shall also represent individual indigent persons in any matter assigned to the Office in accordance with RCW 36.26.070 and 36.26.080.
In the event of a legal conflict or other special circumstances, the Director shall report such fact to the Court and request appointment of separate counsel.
The Director shall make an annual report to the Board which shall include budget information and detailing the work accomplished by the Office in the past year.
The Director shall develop appropriate standards and guidelines for the qualification and experience level of deputy public defense attorneys consistent with the Standards of Indigent Defense adopted by the Washington State Supreme Court. The Director shall also establish other standards for performance and delivery of public defense services which are consistent with the Washington State Rules of Professional Conduct for attorneys, case law, applicable provisions of the Revised Code of Washington and applicable Court Rules, including the Standards of Indigent Defense adopted by the Supreme Court.
The Director shall prepare an annual budget for the Office of Public Defense which evaluates and forecasts service delivery levels and program expenses for employee attorneys, contractors, assigned counsel, and administration. Such evaluations and forecasts shall include an analysis of the impact, if any, of changes in the procedures or practices of the courts, prosecutor, police, public defense contractors, or other elements of the criminal justice system. [Ord. 15-077, 8-11-15; Ord. 06-115, § 4, 9-12-06.]
2.44.050 Powers and duties of Office of Public Defense.
The Office shall have the authority to administer the county’s indigent criminal defense program, including representation, without charge, of any accused indigent person who is or has been arrested or charged with a crime for which court-appointed counsel for indigent defendants is required either under the Constitution of the United States or under the Constitution and laws of the state of Washington. Provided, if a person who has been arrested or accused, having been apprised of his or her right to counsel in open court, affirmatively rejects or intelligently repudiates his or her constitutional and statutory rights to be represented by counsel, the Office is not required to provide legal representation.
The Office may prosecute appeals to Superior Court and other remedies, whether before or after conviction, deemed to be in the interests of justice.
The Office shall administer contracts for legal services with assigned counsel.
Expenditures of the Office shall be subject to the provisions of Chapter 36.40 RCW and other applicable statutes, ordinances, resolutions, policies and procedures of Cowlitz County. [Ord. 15-077, 8-11-15; Ord. 06-115, § 5, 9-12-06.]
2.44.060 Duties and responsibilities of counsel.
Attorneys employed by the Office shall provide defense services to all clients in a professional, skilled manner consistent with the Washington State Rules of Professional Conduct for attorneys and applicable case law and court rules defining the duties of counsel and the rights of defendants in criminal cases.
Counsel’s primary and most fundamental responsibility shall be to promote and protect the best interests of the client. [Ord. 15-077, 8-11-15; Ord. 06-115, § 6, 9-12-06.]
2.44.070 Standards for public defense.
Cowlitz County adopts by reference and incorporates herein the Standards for Indigent Defense adopted by the Supreme Court of the state of Washington. [Ord. 15-077, 8-11-15; Ord. 06-115, § 7, 9-12-06.]
2.44.080 Application fee established.
A person requesting the appointment of counsel in criminal, juvenile, involuntary commitment, or dependency cases, or in any other case where the right to counsel attaches, may be assessed fees as permitted by state law. [Ord. 15-077, 8-11-15; Ord. 06-115, § 8, 9-12-06.]
2.44.090 Municipal public defense services.
The Office may provide public defense services to municipalities within Cowlitz County on a reimbursable basis. The Office is authorized to negotiate appropriate contractual agreements with the municipalities for indigent legal services. [Ord. 15-077, 8-11-15; Ord. 06-115, § 9, 9-12-06.]
2.44.100 Severability.
If any provision of this chapter is held invalid, or in conflict with any statutory provision of the state of Washington, the validity of the remaining provisions shall not be affected. [Ord. 15-077, 8-11-15; Ord. 06-115, § 10, 9-12-06.]