HomeMy WebLinkAboutReg 2014-10-20 Item 4G - Ordinance - Public Defense Standards to Eliminate Case Weighting SystemCOUNCIL AGENDA SYNOPSIS
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Council review
10/20/14
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Ordinance
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IVRg Date
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Al t Dale 10/20/14
S 1)()NS( )1( — Council Mayor FIR DCI) Finance _ 1- ire 17' — P&R Police E PW
SP oNsoie S Amend TMC Chapter 2.70.050 Public Defense Standards to remove the statement that the
summARy City shall adopt and implement a case-weighting system on or before January 1, 2015.
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DATE: 10/07/2014 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN.
CommIT11+:
Mayor's Office
Unanimous Approval; Forward to Consent Agenda on 10/20/2014
COST IMPACT / FUND SOURCE
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ITEM INFORMATION
ITEM No.
4.G.
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STAFF SP( )NS( )R: DAVID CLINE
ORIGINAL AGENDA DATE: 10/20/14
AGINI)A HENI TITLK Amending TMC 2.70 Public Defense
C.vri,',c( )RY Discussion
At Dale
Motion
Al lg Dale
E Resolution
A i/g /)die
Ordinance
Bid Aniard
IVRg Date
E. Pub& I fearing
M/g Date
E Other
Alt Date
Al t Dale 10/20/14
S 1)()NS( )1( — Council Mayor FIR DCI) Finance _ 1- ire 17' — P&R Police E PW
SP oNsoie S Amend TMC Chapter 2.70.050 Public Defense Standards to remove the statement that the
summARy City shall adopt and implement a case-weighting system on or before January 1, 2015.
RINIK\XT1D liY COW Mtg. CA&P Cmte Z F&S Cmtc 'Transportation Cmtc
n utilities Cmtc E Arts Comtn, Parks Comm. Planning Comm.
DATE: 10/07/2014 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN.
CommIT11+:
Mayor's Office
Unanimous Approval; Forward to Consent Agenda on 10/20/2014
COST IMPACT / FUND SOURCE
FAIT:NDITuRk Rr:QuIRLD AMOUNT Bl IDGLTF,D APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/20/14
MTG. DATE
ATTACHMENTS
10/20/14
Informational Memorandum from David Cline dated 09/24/14
Draft Ordinance
Minutes from the Finance and Safety Committee Meeting of 10/07/14
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance & Safety Committee
FROM: David Cline, City Administrator
DATE: September 24, 2014
SUBJECT: Amending TMC Chapter 2.70 Public Defense
ISSUE
Amend TMC Chapter 2.70.050 Public Defense Standards to remove the statement that the City
shall adopt and implement a case-weighting system on or before January 1, 2015.
BACKGROUND
In 2012 the Washington State Supreme Court adopted Standards for Indigent Defense and
ordered that jurisdictions comply with these standards. One of these standards sets caseload
limits. Misdemeanor caseload limits are effective beginning January 1, 2015 and all public
defense attorneys assigned to represent indigent defendants on misdemeanor cases will be
required to certify their caseloads to the court(s) in which they work. Jurisdictions have the
option to adopt a case weighting system. A case weighting system assigns higher and lower
time values or weighted credits to cases based on the amount of time that is typically required to
provide effective representation.
Each local government has discretion to decide whether to measure public defense caseloads
by 300 weighted credits OR 400 non-weighted cases.
In October, 2013, the City of Tukwila adopted Public Defense Standards as mandated by the
Washington State Supreme Court. At that time we intended to adopt a case weighting system
and TMC 2.70.050 Standard 3 states: 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.
DISCUSSION
Adoption of a case weighting system is optional. In April, 2014 the Washington State Office of
Public Defense issued a model misdemeanor case weighting policy to assist municipal
jurisdictions interested in creating an optional public defense case weighting system consistent
with the Supreme Court Standards for Indigent Defense. City staff utilized the model case
weighting policy to analyze the City's public defense caseload. The results of the analysis
indicated that the City's current public defense caseload requires three fulltime public defense
attorneys under both the case weighting model (300 credits per attorney) and the non-weighted
model (400 cases per attorney). As there is no impact to the staffing requirements and adopting
a case weighting system would require significant administrative work, it was determined that
there is not a benefit to the City to adopt a case weighting system.
Additionally, Washington Cities Insurance Authority has notified municipalities that they
do not recommend adoption of a case weighting system.
Based on this information I am recommending that TMC 2.70.050 be amended to remove the
requirement to develop and implement a case weighting system.
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INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
None.
RECOMMENDATION
The Council is being asked to approve the ordinance and forward this item to the October 20,
2014 Regular Meeting Consent Agenda for full Council Approval.
ATTACHMENTS
Draft Ordinance amending TMC 2.70 Public Defense.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2410
§6 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 2.70.050, "PUBLIC DEFENSE STANDARDS,"
UNDER STANDARD 3, TO ELIMINATE IMPLEMENTATION OF
A CASE WEIGHTING SYSTEM; 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, the Washington State Bar Association and Washington State Supreme
Court have established guidelines for standards for indigent defense; and
WHEREAS, the City previously intended to adopt a case weighting system; and
WHEREAS, after further analysis the City has opted not to adopt a case weighting
system;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 2.70.050 Amended. Ordinance No. 2410 §6 (part), as
codified at Tukwila Municipal Code Section 2.70.050 under "Standard 3," is hereby
amended to read as follows:
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.
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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 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 Januar-y-120 develop and
c-se weighting system as required by-Wash-i-ngto -C-ouFt
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Section 2. 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 3. 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 4. 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, a
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Finance & Safety Committee Minutes October 7, 2014 — Pape 2
D. Lease Agreement: Alliance One
Staff is seeking Council approval of a lease agreement with Alliance One Management
Receivables for a term of January 1, 2015 to December 31, 2016. Alliance One provides
collection services and payment agreements for Municipal court fines and fees and has leased
the space since 2009. This proposed agreement includes a 5% increase in the monthly rent,
to $45.00 per month. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014
REGULAR CONSENT AGENDA.
E. Ordinance: Amending TMC 2.70.050, Public Defense Standards
Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code
Chapter 2.70.050 to remove the statement that the City shall adopt and implement a case-
- weighting system on or before January 1, 2015. Since that language was added to the Code in
2013, further analysis led staff to decide against adoption of a case weighting system. It was
determined that such a system would result in no impact to staffing requirements yet would
require significant administrative work. In addition, Washington Cities Insurance Authority has
notified municipalities that they do not recommend adoption of a case weighting system.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT
AGENDA.
F. Contract: Public Defender Services — Kirshenbaum & Goss, Inc.
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Goss, Inc. P.S.
for public defender services during the 2015 -2016 biennium. Public Defense Standards
delineating the number of cases each attorney can handle per year and mandating that
compensation include administrative and training costs were adopted by the Washington State
Supreme Court and become effective January 1, 2015. The federal court decision Wilbur v. Mt.
Vernon also mandates significant changes to public defense programs and Administration has
taken steps to ensure the City is in compliance. In order for the City to be in compliance with
the new standards and the Wilbur v. Mt. Vernon mandates, the proposed contract includes a
flat rate of $32,600 per month and $200 per day for Attorney of the Day services, providing the
City with three dedicated attorneys plus support staff. The City has applied for grant funding
from the Office of Public Defense and staff expects to learn the result shortly. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 13, 2014 COMMITTEE OF THE WHOLE.
G. Contract: Legal Services — Kenyon Disend, LLC
Staff is seeking Council approval to enter into a contract with Kenyon Disend, LLC for City
Attorney services during the 2015 -2016 biennium. Under the current and proposed contracts,
general City Attorney services are provided at a flat monthly rate. Litigation, contested
administrative proceedings and other special services are subject to prior approval and billed at
the hourly rates of the contractor staff involved. The 2015 -2016 proposal increases the flat rate
to $39,318 per month, representing an increase of approximately 6% to account for cost of living
adjustments, increases in billing rates, and increased prosecution services.
Councilmember Hougardy asked for an explanation of the decision to contract for services
rather than move City Attorney duties in- house. City Administrator David Cline asserted that the
City considers this a cost - effective strategy because the contract includes the varying expertise
of all attorneys at Kenyon Disend. With an in -house City Attorney, municipalities still must
occasionally seek outside special expertise at an additional cost. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 20, 2014 REGULAR CONSENT AGENDA.
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