HomeMy WebLinkAboutOrd 2410 - TMC Chapter 2.70 "Public Defense" - Indigent Service Standards
Cover page to Ordinance 2410
The full text of the ordinance follows this cover page.
Ordinance 2410 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) A mended Amended by Ord # Section(s) R epealed Repealed by Ord #
§ 6 (part) 2450
City of u la
Washington
Ordinance No. 2410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1472,
AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS
2.68.430, 2.68.440 AND 2.68.450, REGARDING PUBLIC
DEFENSE SERVICES; ESTABLISHING TUKWILA MUNICIPAL
CODE CHAPTER 2.70, "PUBLIC DEFENSE," TO INCLUDE
PUBLIC DEFENSE STANDARDS FOR INDIGENT SERVICES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila prosecutes misdemeanor offenses that are
committed by adults within the Tukwila city limits, and the misdemeanor offenses are
filed into the Tukwila Municipal Court; and
WHEREAS, pursuant to the 6th Amendment of the United States Constitution, and
Article I, Section 22 of the Washington State Constitution, persons charged with
misdemeanors who are deemed indigent are entitled to the effective assistance of
counsel at the public expense; and
WHEREAS, provisions regarding public defense services are currently codified
under Tukwila Municipal Code (TMC) Chapter 2.68, "Municipal Court"; and
WHEREAS, the City's public defense services are administrated by the City's
executive branch, not the judicial branch, and provisions regarding public defense
services should be removed from TMC Chapter 2.68, "Municipal Court"; and
WHEREAS, Chapter 10.101 RCW establishes a process for determining indigency,
and requires that municipalities adopt standards for the delivery of criminal defense
services to the indigent; and
WHEREAS, the Washington State Bar Association and Washington State Supreme
Court have established guidelines for standards for indigent defense; and
WHEREAS, the City currently contracts with several local law firms for the provision
of indigent defense services; and
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WHEREAS, the firms that the City currently contracts with dedicate a vast majority
of their practices to the defense of indigent misdemeanant defendants, and a majority of
each firm's attorneys have extensive experience representing misdemeanant
defendants from arraignment through appeal; and
WHEREAS, the City prides itself on providing all indigent defendants with the
highest quality public defense available at a reasonable cost to the public and wishes to
adopt the following standards for the delivery of public defense services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code (TMC) Chapter 2.70, "Public Defense," is
hereby established to read as follows:
CHAPTER 2.70
PUBLIC DEFENSE
Sections:
2.70.010 Purpose and Intent
2.70.020 Definitions
2.70.030 Public Defender Appointment
2.70.040 Public Defender — Statement for Services
2.70.050 Public Defense Standards
Section 2. TMC Section 2.70.010 is hereby established to read as follows:
2.70.010 Purpose and Intent
The purpose of this chapter is ensure that indigent criminal defendants receive high -
quality legal representation through a public defense system that efficiently and
effectively protects the constitutional requirement of effective assistance of counsel.
Section 3. TMC Section 2.70.020 is hereby established to read as follows:
2.70.020 Definitions
As used in this chapter, the following terms shall have the meanings set forth in this
section:
1. "Attorney." The term "attorney" shall mean an attorney under contract
with the City of Tukwila for the provision of indigent defense services, and shall also
mean the law firm for which the attorney works. Therefore, these standards shall also
apply to law firms who are under contract with the City for the provision of indigent
defense services.
2. "Defendant." The term "defendant" shall mean a person who has been
charged with a misdemeanor offense in the Tukwila Municipal Court, and who is
represented by an attorney as the term "attorney" is defined in TMC Section 2.70.020.
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Section 4. TMC Section 2.70.030 is hereby established to read as follows:
2.70.030 Public Defender Appointment
The judge of the Municipal Court of the City is authorized to appoint, on a case -to -case
basis as may be required, an attorney licensed to practice before the courts of the State
of Washington to act as public defender in representing indigent persons charged with
offenses tryable in the Municipal Court and cases appealed therefrom.
Section 5. TMC Section 2.70.040 is hereby established to read as follows:
2.70.040 Public Defender — Statement for Services
The attorney appointed to act as public defender shall present his statement for
services to the City, and the same shall be paid in the same manner as the other
obligations of the City.
Section 6. TMC Section 2.70.050 is hereby established to read as follows:
2.70.050 Public Defense Standards
The following Public Defense Standards are hereby adopted:
Standard 1: Compensation. The charges submitted by the public defender and
approved by the City Council shall be paid from the current fund. The City's
contracts for public defense services should provide for compensation at a rate
commensurate with the attorney's training and experience. To attract and retain
qualified personnel, compensation and benefit levels should be comparable to
those of attorneys and staff in prosecutorial offices in the South King County region.
Assigned counsel should be compensated for out -of- pocket expenses. Contracts
shall provide for additional compensation for jury trials and appeals. Attorneys who
have a conflict of interest shall not have to compensate the new, substituted
attorney out of their own funds.
Standard 2: Duties and Responsibilities of Counsel. Attorneys shall provide
services in a professional and skilled manner consistent with the minimum
standards of the Washington State Bar Association, Washington's Rules of
Professional Conduct, applicable case law, the Constitutions of the United States
and the State of Washington, and the court rules that define the duties of counsel
and the rights of defendants. At all times during the representation of a defendant,
the attorney's primary responsibility shall be to protect the interests of the
defendant.
Standard 3: Caseload Limits, Types of Cases, and Limitations on Private
Practice. Attorneys shall maintain a caseload such that he or she can provide
each and every defendant effective assistance of counsel as guaranteed by these
standards. The attorney shall be mindful of the number of open cases for which he
or she is counsel of record, the type or complexity of those cases and any
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prospective cases, his or her experience, the manner in which the jurisdiction
processes cases, and any private practice in which he or she is engaged. When
contracting with an attorney, the City may, if appropriate, limit the number of cases
an attorney may handle. Such limitation may be based upon the experience of the
attorney, the training the attorney has received, the complexity of the cases being
assigned the attorney, defense services the attorney may provide to other
municipalities, the scope and extent of the attorney's private practice, justified
complaints that may have been made against the attorney, and any other relevant
factors. On or before January 1, 2015, the City shall develop and implement a case
weighting system as required by Washington State Supreme Court Order No.
25700 -A -1023.
Standard 4: Responsibility for Expert Witness Services. The City's contracts
for public defense services should provide reasonable compensation for expert
witnesses when necessary. Expert witness fees should be maintained and
allocated from funds separate from those provided for defender services. Requests
for expert witness fees should be made through an ex parte motion. The defense
should be free to retain the expert of its choosing and in no cases should be forced
to select experts from a list pre- approved by either the court or the prosecution.
Standard 5: Administrative Expenses and Support Services. The City's
contracts for public defense services should provide for or include administrative
costs associated with providing legal representation. These costs should include
but are not limited to travel, telephones, law library including electronic legal
research, financial accounting, case management systems, computers and
software, office space and supplies, training, meeting the reporting requirements
imposed by these standards, and other costs necessarily incurred in the day -to -day
management of the contract. Public defense attorneys shall have an office that
accommodates confidential meetings with clients and receipt of mail, and adequate
telephone services to ensure prompt response to client contact.
Standard 6: Investigators. Public defense attorneys shall use investigation
services as appropriate and shall employ investigators with investigation training
and experience. A minimum of one investigator should be employed for every four
attorneys. The City's contracts for public defense services shall provide reasonable
compensation for investigation services when necessary.
Standard 7: Support Services. Public defense attorneys shall have adequate
access to support staff and services. At least one full -time legal assistant should be
employed for every four attorneys. Fewer legal assistants may be necessary,
however, if the agency or attorney has access to word processing staff or other
additional staff performing clerical work. Public defenders should have a
combination of technology and personnel that will meet their needs. Social work
staff should be available to assist in developing release, treatment, and
dispositional alternatives. Each agency or attorney should have access to mental
health professionals to perform mental health evaluations. Investigation staff
should be available as provided in Standard 6 at a ratio of one investigator for every
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four attorneys. Each agency or attorney providing public defense services should
have access to adequate and competent interpreters to facilitate communication
with non - English speaking and hearing- impaired clients for attorneys, investigators,
social workers, and administrative staff.
Standard 8: Reports of Attorney Activity. Attorneys shall maintain a case
reporting and case management information system, which includes number and
type of cases, attorney hours and disposition. This information shall be provided to
the City upon request and shall also be made available to the Office of the
Administrator of the Courts. Any such system shall be maintained independently
from client files so as to disclose no privileged information. A standardized voucher
form should be used by those attorneys seeking payment upon completion of a
case. For attorneys under contract, payment should be made monthly, or at times
agreed to by the parties, without regard to the number of cases closed in the period.
Standard 9: Training. The City's contracts for public defense services shall
require that attorneys participate in regular training programs on criminal, defense
law, including a minimum of seven hours of continuing legal education annually in
areas relating to their public defense practice. In offices of more than seven
attorneys, an orientation and training program for new attorneys and legal interns
should be held to inform them of office procedure and policy. All attorneys should
be required to attend regular training programs on developments in criminal law,
criminal procedure and the forensic sciences. Attorneys in civil commitment and
dependency practices should attend training programs in these areas. Offices
should also develop manuals to inform new attorneys of the rules and procedures
of the courts within their jurisdiction. Every attorney providing counsel to indigent .
accused should have the opportunity to attend courses that foster trial advocacy
skills and to review professional publications and other media.
Standard 10: Supervision. Each firm providing public defense services to the
City should provide one full -time supervisor for every ten staff lawyers or one half-
time supervisor for every five lawyers. Supervisors should be chosen from among
those lawyers in the office qualified under these guidelines to try Class A felonies.
Supervisors should serve on a rotating basis, and except when supervising fewer
than ten lawyers, should not carry caseloads.
Standard 11: Monitoring and Evaluation of Attorneys. Attorneys will establish a
procedure for systematic monitoring and evaluation of attorney performance based
upon publicized criteria. Supervision and evaluation efforts should include review of
time and caseload records, review and inspection of transcripts, in -court
observations, and periodic conferences. Performance evaluations made by a
supervising attorney should be supplemented by comments from judges,
prosecutors, other defense lawyers and clients. Attorneys should be evaluated on
their skill and effectiveness as criminal lawyers or as dependency or civil
commitment advocates.
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Standard 12: Substitution of Counsel and Assignment of Contracts.
Attorneys should remain directly involved in the provision of representation and
shall not sub - contract with another firm or attorney to provide representation without
first obtaining the express written permission of the City. If the contract is with a
firm or office, the City should request the names and experience levels of those
attorneys who will actually be providing the services to ensure they meet minimum
qualifications. The employment agreement shall address the procedures for
continuing representation of clients upon the conclusion of the agreement.
Alternate or conflict counsel shall be available for substitution in conflict situations at
no cost to the counsel declaring the conflict.
Standard 13: Limitation on Private Practice. Private attorneys who provide
public defense representation shall set limits on the amount of privately retained
work which can be accepted. These limits shall be based on the percentage of a
full -time caseload which the public defense cases represent.
Standard 14: Qualifications of Attorneys. Attorneys providing defense services
shall meet the following minimum professional qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions, and case law
relevant to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
D. Be familiar with the Performance Guidelines for Criminal Defense
Representation approved by the Washington State Bar Association; and
E. Be familiar with the consequences of a conviction or adjudication, including
possible immigration consequences and the possibility of civil commitment
proceedings based on a criminal conviction; and
F. Be familiar with mental health issues and be able to identify the need to obtain
expert services; and
G. Complete seven hours of continuing legal education within each calendar year
in courses relating to their public defense practice.
H. Each attorney who is counsel alone for a case on appeal to the Superior Court
from the Tukwila Municipal Court should have had significant training or experience
in either criminal appeals, criminal motions practice, extensive trial level briefing,
clerking for an appellate judge, or assisting a more experienced attorney in
preparing and arguing an RALJ (Rules for Appeal of Decisions of Courts of Limited
Jurisdiction) appeal.
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I. Each attorney who is counsel for a case on appeal to the Washington Supreme
Court or to the Washington Court of Appeals shall:
1. Have filed a brief with the Washington Supreme Court or any Washington
Court of Appeals in at least one criminal case within the past two years; or
2. Have equivalent appellate experience, including filing appellate briefs in
other jurisdictions, at least one year as an appellate court or federal court clerk,
extensive trial level briefing or other comparable work.
Standard 15: Disposition of Client Complaints. Attorneys shall have a method
to respond promptly to client complaints. Complaints should first be directed to the
attorney, firm or agency that provided representation. If the client feels that he or
she has not received an adequate response, they can contact the City Administrator
and /or his /her designee to evaluate the legitimacy of complaints and to follow up on
meritorious ones. The complaining client should be informed as to the disposition of
his or her complaint in writing.
Standard 16: Cause for Termination of Defender Services and Removal of
Attorney. The City's contracts for indigent defense services shall include the
grounds for termination of the contract by the parties. Termination of a contract
should only be for good cause. Termination for good cause shall include the failure
of the attorney to render adequate representation to clients; the willful disregard of
the rights and best interests of the client; and the willful disregard of the standards
herein addressed. Removal by the court of counsel from representation normally
should not occur over the objection of the attorney and the client.
Standard 17: Non - Discrimination. Neither the City, in its selection of an attorney,
firm or agency to provide public 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 status, gender, sexual
orientation or disability. Both the City and the contractor shall comply with all
federal, state, and local non - discrimination requirements.
Standard 18: Guidelines for Awarding Public Defender Contracts. The City
shall award contracts for public defense services only after determining that the
attorney or firm chosen can meet accepted professional standards. Under no
circumstances should a contract be awarded on the basis of cost alone. Attorneys
or firms bidding for contracts must demonstrate their ability to meet these
standards. Contracts should only be awarded to:
1. Attorneys who have at least one year's criminal trial experience in the
jurisdiction covered by the contract (i.e., City and District Courts, Superior Court or
Juvenile Court), or
2. A firm where at least one attorney has one year's trial experience.
City attorneys, county prosecutors, and law enforcement officers should not select
the attorneys who will provide indigent defense services.
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Section 7. Repealer. Ordinance No. 1472 is hereby repealed, thereby eliminating
TMC Sections 2.68.430, 2.68.440 and 2.68.450.
Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 9. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 10. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 9714 day of 0 , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flah rty, MMC, City Clerlr
APPROVED AS _O F!. n BY:
Shelley M. Kersla..- Ci Attorney
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Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date: j() - /5 -9
Ordinance Number: a y /0
0
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2409 -2411.
On October 7, 2013 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2409: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2375 §8 AND 2303 §5, AS
CODIFIED AT TMC SECTION 19.20.050.A, TO UPDATE THE ALLOWABLE SIGN
AREA FOR FLUSH - MOUNTED WALL SIGNS WITHIN THE CITY'S MANUFACTURING
INDUSTRIAL CENTER /HEAVY DISTRICT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2410: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1472, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTIONS 2.68.430, 2.68.440 AND 2.68.450,
REGARDING PUBLIC DEFENSE SERVICES; ESTABLISHING TUKWILA
MUNICIPAL CODE CHAPTER 2.70, "PUBLIC DEFENSE," TO INCLUDE PUBLIC
DEFENSE STANDARDS FOR INDIGENT SERVICES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2411: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS;
PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED
$9,475,893.89 AGGREGATE PRINCIPAL AMOUNT OF LOCAL IMPROVEMENT
DISTRICT BONDS TO PROVIDE FUNDS TO FINANCE THE PUBLIC
IMPROVEMENTS IN LOCAL IMPROVEMENT DISTRICT NO. 33 ( "LID No. 33 "), BY
REIMBURSING THE CITY FOR PROJECT COSTS, INCLUDING MAKING A
DEPOSIT TO THE CITY'S LOCAL IMPROVEMENT GUARANTY FUND AND
PAYING THE COSTS OF ISSUANCE OF THE BONDS; FIXING OR SETTING
PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE
BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO
APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; FIXING THE
INTEREST RATE ON ASSESSMENTS WITHIN LID NO. 33; AND PROVIDING FOR
OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: October 10, 2013