Chapter 2.78
INDIGENT DEFENSE SERVICES
Sections:
2.78.010 Establishment of district.
2.78.020 Establishment of office.
2.78.030 Appointment of public defender.
2.78.040 Functions, duties, and powers.
2.78.070 Support services and administrative expenses.
2.78.080 Contracts with outside counsel.
2.78.090 Duties and responsibilities of counsel.
2.78.110 Reports of attorney activity.
2.78.120 Training, supervision, monitoring and evaluation of attorneys.
2.78.130 Substitution of attorneys or assignment of contracts.
2.78.140 Qualifications of attorneys.
2.78.150 Disposition of client complaints.
2.78.160 Cause for termination or removal of attorney.
2.78.180 Purpose of standards.
Prior legislation: Ord. 2010-3.
2.78.010 Establishment of district.
There is hereby created the Okanogan County public defender district per Chapter 36.26 RCW. (Ord. 2024-6, 2024).
2.78.020 Establishment of office.
There is hereby established the office of public defender for said public defender district. (Ord. 2024-6, 2024).
2.78.030 Appointment of public defender.
A public defender will be selected by a selection committee consistent with Chapter 36.26 RCW. The public defender must be a member in good standing of the Washington State Bar Association. The public defender shall perform all attorney functions authorized by this chapter in accordance with the Rules of Professional Responsibility and all applicable court rules, and shall have administrative responsibility for the Office of Public Defender. The public defender shall serve at the pleasure of the board of county commissioners and shall be subject to the county’s exempt personnel policies. (Ord. 2024-6, 2024).
2.78.040 Functions, duties, and powers.
The functions, duties, and powers of the office of public defender shall be prescribed by Chapter 36.26 RCW and other applicable laws of the state of Washington and Okanogan County. The office of public defender shall have the authority to hire attorneys and support staff and contract with outside counsel to provide legal defense services to indigent clients. (Ord. 2024-6, 2024).
2.78.050 Eligibility.
The office of public defender shall assist the courts in collecting information from clients necessary to determine clients’ eligibility for indigent legal defense services. Clients must be screened for financial eligibility early in the process. The office of public defender should establish a procedure for collecting financial data and protecting confidential data. (Ord. 2024-6, 2024).
2.78.060 Compensation.
The office of public defender shall have such attorneys and staff and shall receive such compensation as shall be provided for in the annual current expense budget of Okanogan County. Attorney compensation will be based upon their training, experience, and level of responsibility. (Ord. 2024-6, 2024).
2.78.070 Support services and administrative expenses.
Okanogan County shall provide the office of public defender with adequate numbers of investigators and support staff necessary for adequate preparation and presentation of the defense case.
Administrative expenses such as office space, computers, case management systems, legal research subscriptions and other costs incurred in the day-to-day management of the office shall be provided for in the annual current expense budget of Okanogan County.
Reasonable compensation for expert witnesses necessary for the preparation and presentation of defense cases shall be provided in the professional services budget of the office of public defender. All expenditures for expert witnesses must be approved by the court. (Ord. 2024-6, 2024).
2.78.080 Contracts with outside counsel.
A. Funds Budgeted. Funds for contracts with outside counsel for indigent legal representation for conflict cases and as necessary to carry out the duties and obligations of the district will be provided for in the annual current expense budget of Okanogan County.
B. Compensation, Investigative and Expert Services. The county will pay contract attorneys reasonable compensation and cover the expense of investigative and/or expert services necessary for adequate preparation and presentation of the defense case.
C. Additional Compensation. Consistent with RCW 10.101.060(1)(a)(iv), contracts for indigent legal representation will provide for additional compensation over the base contract amount for cases that require an extraordinary amount of time and preparation. Justification for additional compensation depends on the situation, but may include situations outlined in the Washington State Bar Association’s Standards for Indigent Defense Services, Standard 1D. Requests for additional compensation must be submitted to the office of public defender. Attorneys may appeal an adverse decision to the court.
D. Independent Contractors. Contract attorneys are independent contractors and are responsible for their administrative expenses and must carry malpractice insurance.
E. Payment. Contract attorneys seeking payment for services rendered shall submit detailed monthly invoices to the office of public defender. Payment will be made in approximately 30 days subject to the voucher cycle of the auditor’s office.
F. Private Practice. Contract attorneys shall limit the amount of privately retained work they accept based on the percentage of a full-time caseload of public defense cases they have agreed to represent.
G. Written Contract. Contracts with outside counsel must be in writing and approved by the public defender and, for contracts above $10,000, the board of county commissioners. (Ord. 2024-6, 2024).
2.78.090 Duties and responsibilities of counsel.
All attorneys and staff employed by the office of public defender and all contract attorneys shall provide defense services to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable Washington State Bar Association standards, the Rules for Superior Court Standards for Indigent Defense, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants. Counsel’s primary and most fundamental responsibility is to promote and protect the best interests of the client. (Ord. 2024-6, 2024).
2.78.100 Caseload limits.
Caseloads should allow each attorney to give each client the time and effort necessary to ensure effective representation. The office of public defender is responsible to ensure that a sufficient number of staff attorneys and contract attorneys are available to comply with caseload standards.
Caseloads must comply with the Rules for Superior Court Standards for Indigent Defense, Standard 3.4, and Okanogan County Case Counting and Case Weighting Standards for Public Defense, adopted by Resolution 28-2015, as currently written and as may hereinafter be amended.
The public defender should regularly monitor caseloads. Excessive continuances, missed court dates, client complaints, etc., shall be addressed as soon as practicable. (Ord. 2024-6, 2024).
2.78.110 Reports of attorney activity.
The office of the public defender shall maintain a case reporting and management information system which includes the number and type of cases, the number and type of cases assigned to each attorney, employed or contracted, and the disposition of each case. Any such system shall be maintained independently from client files so as to disclose no privileged information. Monthly reports shall be submitted to the board of county commissioners. (Ord. 2024-6, 2024).
2.78.120 Training, supervision, monitoring and evaluation of attorneys.
Every attorney representing indigent clients must complete continuing legal education within each calendar year as set forth in the Washington State Bar Association Standards for Indigent Defense Services, Standard 9. The public defender shall supervise staff attorneys. The public defender or his or her designee will monitor and evaluate performance of employed staff and monitor agreements with contract counsel. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers or civil commitment advocates. (Ord. 2024-6, 2024).
2.78.130 Substitution of attorneys or assignment of contracts.
The office of public defender shall adopt procedures for a new attorney taking over upon the conclusion of a contract or termination of employment to ensure a smooth transition, with the minimal possible detriment to the indigent client. In the case of withdrawal or substitution, the attorney shall promptly provide copies of all discovery, reports and witness information together with notes and pertinent information as allowed by the applicable standards of professional responsibility. (Ord. 2024-6, 2024).
2.78.140 Qualifications of attorneys.
A. In order to assure that indigent accused receive 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. Be familiar with the statutes, court rules, constitutional provisions and case law relevant to their practice area; and
3. Complete the hours of continuing legal education within each calendar year as set forth in the Washington State Bar Association Standards for Indigent Defense Services, Standard 9; and
4. Be familiar with the collateral consequences of a conviction, including possible immigrations consequences and the possibility of civil commitment proceedings based on a criminal conviction; and
5. Be familiar with mental health issues and be able to identify the need to obtain expert services.
B. Trial attorney’s qualifications according to severity or type of case:
1. Adult Felony – Life Without Parole and Murder Cases. Each attorney acting as lead counsel in a murder case shall meet the following requirements:
a. The minimum requirements set forth in subsection (A)(1) of this section; and
b. At least three years’ criminal trial experience, including at least two years’ experience representing persons in adult felony cases; and
c. Have prior experience as lead counsel in no fewer than four adult felony trials in which the state has rested, at least one of which was submitted to a jury and at least one of which was a Class A felony.
2. Adult Felony Cases – Class A Felonies or Persistent Offender Representation. Each attorney representing a defendant accused of a Class A felony or each attorney acting as lead counsel in a case where the defendant is subject to sentencing under RCW 9.94A.570 shall meet the following requirements:
a. Minimum requirements set forth in subsection (A)(1) of this section; and
b. Either: has served two years as either a criminal defense attorney or prosecutor; and
c. Has been trial counsel alone or with other trial counsel and has handled a significant portion of the trial of three felony cases in which the state has rested, at least one of which was submitted to a judge or jury for a verdict.
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 subsection (A)(1) of this section; and
b. Either: has served one year as either a criminal defense attorney or prosecutor; and
c. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases in which the prosecution rested or one criminal trial in which the prosecution has rested and has completed a trial training academy; and
d. Shall be accompanied at his or her first felony trial by an attorney who is qualified for this or higher case categories.
4. Juvenile Cases. Each attorney representing a juvenile accused shall meet the minimum requirements set forth in subsection (A)(1) of this section and shall meet the same criteria listed in subsection B of this section for an adult offense of the same offense level.
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 subsection (A)(1) of this section.
C. Legal Interns.
1. Legal interns must meet the requirements set out in Admission to Practice Rule (APR) 9.
2. Legal interns shall receive training and supervision pursuant to APR 9. (Ord. 2024-6, 2024).
2.78.150 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 attorney and client cannot resolve the complaint amicably, the attorney shall ask the court to withdraw and substitute new counsel. The complaining client should be informed as to the disposition of his or her complaint within a reasonable period of time. If the client feels dissatisfied with the evaluation and response received, he or she should be advised of the right to complain to the Washington State Bar Association. (Ord. 2024-6, 2024).
2.78.160 Cause for termination or removal of attorney.
Any termination of an employed attorney upon completion of the probationary period shall follow the guidelines in the Okanogan County Personnel Policies and Procedures Manual. Termination of a contracted attorney shall be pursuant to the provisions of their contract. (Ord. 2024-6, 2024).
2.78.170 Nondiscrimination.
Neither the respective county, in its selection of an attorney, firm or agency to provide indigent 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 or military status, sex, sexual orientation or disability. (Ord. 2024-6, 2024).
2.78.180 Purpose of standards.
Adoption of the ordinance codified in this chapter shall in no way be construed to create a civil penalty or cause of action against either the attorney(s) or the county. (Ord. 2024-6, 2024).