CHAPTER 10
MUNICIPAL PUBLIC DEFENDER
SECTION:
1-10-1: Purpose
1-10-2: Definitions
1-10-3: Determination Of Indigency – Discrimination Prohibited
1-10-4: Contract Attorneys
1-10-5: Contract Attorneys – Reports Of Activity – Monitoring
1-10-6: Complaints
1-10-7: Severability
1-10-1 PURPOSE:
Recognizing that RCW 10.101.030 creates in the city a duty to adopt standards for the delivery of public defender services to indigent persons accused of crimes in the municipal court of the city, the city shall contract for the delivery of such services pursuant to this chapter. (Ord. 1011, 9-11-2023)
1-10-2 DEFINITIONS:
Undefined terms used in this chapter shall be given their ordinary and usual meaning. The following definitions shall apply to terms used in this chapter:
A. "Contract attorney" shall mean an attorney who contracts with the city to provide public defender services. The contract attorney term shall also refer to conflict counsel retained to assist when the primary contract attorney has a conflict or is otherwise disqualified.
B. "Public defender services" shall mean legal representation, consistent with the constitutional requirements of fairness, equal protection, and due process, in all cases where the right to counsel attaches in the municipal court of the city, of indigent persons and indigent persons able to contribute who are accused of misdemeanor or gross misdemeanor crimes in said court. (Ord. 1011, 9-11-2023)
1-10-3 DETERMINATION OF INDIGENCY – DISCRIMINATION PROHIBITED:
The city adopts and incorporates RCW 10.101.010 and 10.101.020 by reference as if set forth in full herein. Indigency or lack thereof, as determined by the above-referenced statutes, shall be the sole factor in determining eligibility for public defender services. No determination of eligibility shall be based upon race, creed, color, national origin, sex, marital status, sexual orientation, age, disability, or any other prohibited classification under state or federal law. (Ord. 1011, 9-11-2023)
1-10-4 CONTRACT ATTORNEYS:
A. Qualifications: The city shall contract for delivery of public defender services only with members in good standing of the Washington State Bar Association who maintain a law office or other professional facility in Pierce County. Contract attorneys shall provide public defense services in all appointments in a skilled and professional manner consistent with Standard Two of the Washington Defender Association’s Standards for Public Defense Services, as endorsed by the Washington State Bar Association.
B. Appointment: Public defense services shall be procured consistent with the city’s financial policies for a professional service. A majority vote of the council authorizing the mayor to contract with any prospective contract attorney in accordance with that attorney’s bid proposal shall constitute selection of a contract attorney. Neither the city attorney, any law enforcement officer, nor any county prosecuting attorney or deputy prosecuting attorney shall participate in the selection process. Notwithstanding the foregoing, upon request of the mayor or any member of the council, the city attorney may express his legal opinion as to the qualification under this chapter of any prospective contract attorney or the meaning, requirements, or impact of the provisions of this chapter.
C. Assignment – Substitution Of Counsel: In any matter where the contract attorney is unable to provide public defender services to a particular defendant because of the existence of a conflict of interest or other ethical dilemma requiring the attorney to decline or withdraw from representation, the particular matter may be assigned to any other attorney who has contracted with Pierce County or any other city therein to provide public defender services. If no other attorney who has an existing contract with the county or any city is able to accept representation, the judge of the municipal court is specifically authorized to appoint counsel in his sole discretion. (Ord. 1011, 9-11-2023)
1-10-5 CONTRACT ATTORNEYS – REPORTS OF ACTIVITY – MONITORING:
Contract attorneys shall provide to the mayor quarterly, on a form provided by the city attorney, a report of number and type of cases, attorney hours, and disposition. The contract attorney shall maintain this information separately from client files so as to disclose no privileged information.
A. Evaluation of a contract attorney’s quarterly reports may be supplemented by evidence and/or comments from the judge of the municipal court, the city attorney, other defense attorneys, and clients on the skill and effectiveness of the contract attorney.
B. The mayor shall cause a written evaluation report to issue if they find that the contract attorney’s level of skill, effectiveness, or availability effectively deprives or imminently threatens to deprive indigent persons of their constitutional right to counsel, which shall include specific recommendations for remediation.
C. If a written evaluation report issues under subsection B of this section, the contract attorney may appeal the report to the council, who shall hear the appeal in executive session.
D. A second consecutive evaluation adverse to the contract attorney may form the basis for termination of a contract for public defense services pursuant to the terms of the contract and the provisions of this chapter. (Ord. 1011, 9-11-2023)
1-10-6 COMPLAINTS:
Complaints regarding public defender services shall be lodged with the clerk-treasurer, who shall direct such complaints to the appropriate reviewing authority as outlined in this section.
A. Complaints regarding the skill, effectiveness, or behavior of a contract attorney or conflict attorney shall be directed to the mayor, who shall hear the complaint within ten (10) business days.
1. At such hearing, the hearing officer may hear evidence and comments from the aggrieved client, the contract attorney or conflict attorney, the judge of the municipal court, and the city attorney. Such comments may be given orally at the hearing or in writing beforehand.
2. The hearing officer shall issue a written ruling, within five (5) business days of such hearing, which shall address each specific allegation of lack of skill, ineffectiveness, or improper behavior according to the following criteria:
a. Whether the allegation is well-founded;
b. Whether the allegation effectively deprived the client of his or her constitutional right to counsel; and
c. What remedial action should be taken.
3. A finding adverse to the contract attorney may form the basis for termination of a contract for public defense services pursuant to the terms of the contract and the provisions of this chapter.
B. Client complaints that do not fall within subsection A of this section may be resolved by executive action of the mayor, the judge of the municipal court, and/or the city attorney. (Ord. 1011, 9-11-2023)
1-10-7 SEVERABILITY:
If any portion of this chapter is held invalid, the remainder of this chapter shall not be affected. (Ord. 1011, 9-11-2023)