HomeMy WebLinkAboutOrd 2450 - TMC Section 2.70.050 "Public Defense Standards" Eliminating Case Weighting System
Washington
Ordinance No. 2450
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
TUKWilA, WASHINGTON, AMENDING ORDINANCE NO. 2410
(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:
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Standard 3: Caseload Limits, Types of Cases, and Limitations on Private
Practice. Attorneys shall maintain a case load 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 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.
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, at
b~
f)
a Regular Meeting thereof this day of ,2014.
A nEST/AUTHENTICATED:
C~OI-r~
Christy O'Fla rty, MMC, City Cle
Filed with the City Clerk:
APPROVED AS TO FORM BY:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: _
Radlel Turpin, City Attorney
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2450-2453.
On October 20,2014 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 2450:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2410 S6 (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.
Ordinance 2451:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE CITY OF TUKWILA
COMPREHENSIVE PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF
THE GROWTH MANAGEMENT ACT, PER RCW 36.70A.130; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2452:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE ZONING MAP FOR CERTAIN REAL
PROPERTY LOCATED AT 6101 S. 180TH STREET AND AT 18000 ANDOVER PARK
WEST, TUKWILA, WASHINGTON, FROM TUKWILA URBAN CENTER (TUC) TO
HEAVY INDUSTRIAL (HI) WITH A TUKWILA SOUTH OVERLAY (TSO); PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2453:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE MAP FOR
CERTAIN REAL PROPERTY LOCATED AT 6101 S. 180TH STREET AND AT 18000
ANDOVER PARK WEST, TUKWILA, WASHINGTON, FROM TUKWILA URBAN
CENTER (TUC) TO HEAVY INDUSTRIAL (HI); 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 23,2014