HomeMy WebLinkAboutCSS 2024-10-14 Item 1B - Contract - 2025-2026 Public Defense Services with Kirshenbaum & GossTO:
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
Mayor McLeod
Community Services and Safety Committee
FROM: Marty Wine
City Administrator
BY: Cheryl Thompson
Executive Coordinator
DATE: October 7, 2024
SUBJECT: 2025-2026 Contract for Public Defense Services
ISSUE
The current contract for public defender services provided by Kirshenbaum & Goss expires
December 31, 2024. The proposed contract for 2025-2026 is attached.
BACKGROUND
The Sixth Amendment of the United States Constitution requires that people accused of
serious crimes who cannot afford to pay for private counsel be provided with an attorney.
Responsibility for upholding the mandate of the Sixth Amendment lies with the states,
although in Washington State this responsibility has been delegated to counties and
municipalities that have judicial branches. The City of Tukwila contracts for public defense
services to provide legal representation for indigent criminal defendants who qualify for
appointment of counsel. Representation is provided from the time of screening for eligibility
through trial, sentencing and appeals to the superior court, if necessary.
Two significant occurrences have impacted the provision of public defense services in the
recent past: 1) Effective January 1, 2015, Public Defense Standards were adopted by the
Washington State Supreme Court. These standards delineate the number of cases each
attorney can handle per year and mandates that compensation include administrative and
training costs. 2) The federal court decision, Wilbur v. Mt. Vernon provided additional
emphasis on requirements for timely contact with clients, provision of support services for
public defense attorneys to provide adequate representation like investigation services,
interpreter services and expert witnesses, and reasonable compensation.
The City has developed a Public Defense program that fully complies with the Public Defense
Standards and Wilbur v. Mt. Vernon.
The City has historically contracted with Kirshenbaum & Goss, Inc. P.S. for the provision of
public defense services. In September 2022 the City advertised a Request for Proposals for the
11
INFORMATIONAL MEMO
Page 2
provision of public defense services. Kirshenbaum & Goss was the only firm to submit a
proposal.
In 2018 the City was paying $32,600 per month for public defense services. Due to a decline in
caseload numbers and the impacts of the pandemic, that rate was reduced and in 2023-2024
we paid a Base Compensation rate of $29,500 per month for public defense services with an
additional $375 per case for each case assigned over the 240 quarterly caseload and an
additional $800 for any case that is appealed to King County Superior Court where the firm
has to prepare and submit a brief. As of today, we have not exceeded 240 case assignments
per quarter and there have been no appeals to Superior Court.
DISCUSSION
Due an increase in caseload numbers parallel to the caseload of 2018, the proposed 2025-
2026 contract restores Base Compensation to $32,600 per month for public defense services
with $30,600 being paid from the general fund and $2,000 per month from Office of Public
Defense grant funds. The contract provides for an additional $550 per case for each case
assigned exceeding a 240 quarterly caseload and maintains an additional $800 for any case
appealed to King County Superior Court. This contract also has an additional provision for
compensation at $550 per case specific to Drug Possession cases paid for through the Simple
Possession Advocacy and Representation (SPAR) Program grant. The overall impact to the
budget is an additional $13,200 per year from the general fund.
The 2025-2026 agreement allows for compensation review in three circumstances: 1) When
the City receives notice from the Office of Public Defense regarding the 2026-2027 Grant
Application, to adjust compensation, if needed; 2) lithe Tukwila Municipal Court implements a
Community Court during the term of the Agreement, the impact to provision of public defense
services for the Community Court will be assessed and compensation may be adjusted
accordingly; and 3) to comply with any amendments made to the Washington Supreme Court
Standards for Indigent Defense, which are currently under consideration.
The attached agreement has been reviewed by the City Attorney's Office.
Standards for Indigent Defense
The Washington State Supreme Court is currently reviewing a request from the Washington
State Bar Association (WSBA) to revise the Standards for Indigent Defense that outlines the
requirements that jurisdictions must meet in providing public defense services. The revisions
requested by the WSBA for municipal courts are summarized below:
• Reduction of misdemeanor caseloads from 400 cases per attorney per year beginning
July 2025 with the end result being 80-120 misdemeanor cases per attorney per year,
depending on the complexity of the cases effective July 2027.
• Required ratio of investigators, support staff, mitigation specialists and interpreter
services per attorney.
12
INFORMATIONAL MEMO
Page 3
These requirements would have a significant impact not only from a budgetary standpoint
but could also impact charging decisions at the felony level all the way down to the
misdemeanor level.
The Washington State Supreme Court is accepting public comment on the proposed changes
through October 31, 2024. Staff has prepared the attached letter to submit as public
comment from the City of Tukwila and is requesting that the City Council join Mayor McLeod
in signing the letter expressing concerns about the proposed Standards.
RECOMMENDATION
The Committee is being asked to move the agreement and letter forward to the October 21,
2024, consent agenda.
ATTACHMENTS
Draft Contract for Public Defense Services for 2025-2026.
Draft letter to Washington State Supreme Court re: Indigent Defense Standards
13
14
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR PUBLIC DEFENSE SERVICES
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Kirshenbaum & Goss, Inc. P.S., a
Washington Corporation, hereinafter referred to as "the Contractor" (collectively, "the Parties").
WHEREAS, the City has a need to have legal services available for those charged with a crime in
Tukwila Municipal Court who are deemed indigent and are entitled to the effective assistance of counsel
at the public expense; and
WHEREAS, the Federal Court decision Wilbur v. Mt. Vernon e► asizes the need for the City to
provide indigent defense services to clients of the Tukwila Muni ' . 'urt in a manner which fully
complies with the City's obligations under the Sixth Amend rryn to the 'led States Constitution; and
WHEREAS, the City desires to have the Contractuch services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefi �.r �'tiol�hereinafter contained, the Parties
hereto agree as follows:
1. Sco » e and Schedule of Servi - . to b rfor b Contractor. The Contractor shall perform
those services described on E ereto and incorporated herein by this reference
as if fully set forth. In p- ''ng h services, the Contractor shall at all times comply with all
federal, state, and l• statu'. ru nd ordinances applicable to the performance of such
services and the ha 'ng of an nds used in connection therewith, including the provisions of
CrRLJ 3.1 and the pub efen .tandards adopted by the City pursuant to TMC 2.70.
Compliance with these st. i s goes to the essence of this Agreement. The Contractor shall
request and obtain prior wn ten approval from the City if the scope of work or schedule of
services is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference. Base Compensation is in consideration of a caseload not to exceed 960 cases per
year. In compliance with the public defense standards, the case counts include the Contractor's
appearance at 48 arraignment calendars per year.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2025, and ending December31, 2026, unless sooner terminated under the provisions
hereinafter specified.
Kirshenbaum & Goss 2025-2026 DRAFT Page 1 of 10
15
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall
be considered to create the relationship of employer and employee between the parties hereto.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City
employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the so - •egligence of the City. Should a
court of competent jurisdiction determine that this Agree is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily persons or damages to
property caused by or resulting from the concurrent ligence . e Contractor and the City,
its officers, officials, employees, and volunteers, t ontractor's li. ity hereunder shall be only
to the extent of the Contractor's negligence. It i the ecifically and expressly understood
that the indemnification provided herein constitut Contractor's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely urpo of this indemnification. This waiver
has been mutually negotiated by the parti si s of this section shall survive the
expiration or termination of this A; -- ent.
6. Insurance. The Contractor
insurance against claims for in
in connection with the
representatives, e
of coverage and lim
Contractor to the cove
any remedy available at 1
intain for the duration of the Agreement,
pe • or damage to property which may arise from or
f the work hereunder by the Contractor, their agents,
actors. Contractor's maintenance of insurance, its scope
herein shall not be construed to limit the liability of the
ed by such insurance, or otherwise limit the City's recourse to
n equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Automobile Liability: The Contractor shall procure and maintain in full force throughout
the duration of this Agreement Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $1,000,000 per accident. Automobile
liability insurance shall cover all owned, non -owned, hired, and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Commercial General Liability insurance with
16 Kirshenbaum & Goss 2025-2026 DRAFT Page 2 of 10
limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and
$2,000,000 products -completed operations aggregate limit. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, stop -gap independent contractors, personal injury and
advertising injury. The City shall be named as an insured under the Contractor's
Commercial General Liability insurance policy with respect to the work performed for the
City using ISO Additional Insured endorsement CG 20 26.
3. Workers' Compensation: The Contractor shall procure and maintain Workers'
Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Professional Liability Insurance: The Contractor shall
throughout the duration of this Agreement Professi
minimum coverage of $2,000,000 per claim and
provide evidence of such coverage in a mann
City's sole discretion. Cancellation of the
termination of this Agreement.
B. Other Insurance Provision. The Con
Liability insurance policies are to cont
primary insurance with respec - he
coverage maintained by the
contribute with it.
p ' ure and maintain in full force
Liability insurance with a
0 aggregate. Contractor shall
nd form eptable to the City in the
r- fired insuranc- all automatically result in
's Aut• •bile Liability and Commercial General
ed to contain, that they shall be
y ins rance, self-insurance, or insurance pool
ess of the Contractor's insurance and shall not
C. Acceptability of I - In . nce is to be placed with insurers with a current A.M. Best
rating of not les
D. Verification of Co • ge. tractor shall furnish the City with original certificates and a
copy of the amendato - • orsements, including but not necessarily limited to the
additional insured endo ement, evidencing the insurance requirements of the Contractor
before commencement of the work.
E. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their
receipt of such notice.
7. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial
and programmatic records which sufficiently and properly reflect all direct and indirect costs
of any nature expended and services performed in the performance of this Agreement and
other such records as may be deemed necessary by the City to ensure the performance of
this Agreement.
Kirshenbaum & Goss 2025-2026 DRAFT Page 3 of 10
17
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance with
RCW Chapter 40.14 and by the City.
8. Amendment or Renegotiation. This Agreement may be amended prior to the effective date of
any significant changes to the Washington Supreme Court Standards for Indigent Defense.
9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's
insurance coverage is canceled for any reason, the City shall have the right to terminate this
Agreement immediately.
10. Discrimination Prohibited. The Contractor, with regard to th rk performed by it under this
Agreement, will not discriminate on the grounds of race, re ' n, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender iden ' , 'tat status, political affiliation,
the presence of any disability, or any other protecte ss stat der state or federal law, in
the selection and retention of employees or proc ent of mater or supplies.
11. Assignment and Subcontract. The Contractor shal assign or subcontract any portion of the
services contemplated by this Agreement the n consent of the City.
12. Entire Agreement. This Agreemen • :eth attaa ments or addenda, represents the
entire and integrated Agreeme .et •n th ity and the Contractor and supersedes all prior
negotiations, representation 'tten or oral. No amendment or modification of
this Agreement shall be of any e - . nless it is in writing and signed by the parties.
13. Notices.
Notices to the City o wila sha •e sent to the following address:
City Administration
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Notices to the Contractor shall be sent to the following address:
Kirshenbaum & Goss, Inc. P.S.
6300 Southcenter Blvd Suite 211
Tukwila, WA 98188
14. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
1 8 Kirshenbaum & Goss 2025-2026 DRAFT Page 4 of 10
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Applicable Law, Venue, Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of , 2024.
CITY OF TUKWILA CONTRACTOR:
CT Thomas McLeod, Mayor David K. enbau
Attest/Authenticated: Appro as to Form:
Andy Youn, City Clerk
Attorney's Office
Kirshenbaum & Goss 2025-2026 DRAFT Page 5 of 10
19
EXHIBIT A - SCOPE OF SERVICES
1. General Scope of Representation. Provide legal representation services in accordance with the
standards adopted by the City in TMC 2.70, the standards set forth by the Washington State Bar
Association Standards for Indigent Defense Services, the Rules of Professional Conduct, Wilbur v.
Mt. Vernon, other related case law and applicable court rules defining the duties of counsel and
the rights of defendants in criminal cases for all indigent criminal defendants charged with a
misdemeanor or gross misdemeanor under ordinances of the City who qualify for appointment of
counsel. The Contractor agrees to attempt to contact the client within 72 hours of notification of
appointment. The Contractor shall provide legal representation for each of these defendants from
time of screening for eligibility through trial, sentencing and appeals to the superior court, if
necessary.
2. Video Court Services. Provide daily video court public defens- -rvices to defendants charged under
ordinances of the City who are detained at the SCORE Jai :. ify for public defense services in a
manner consistent with the accepted practices fo imilar s •ces, performed to the City's
satisfaction.
3. Attorney of the Day Services. Provide an attorney fo' kly arraignment calendars, available to all
unrepresented defendants for consultatio
4. Screening. Determination of indige
shall be determined by an ind
Contractor determine a defe
the attorney/client privilege, th
that particular individu
5. 24-Hour Contact In
telephone number or n
stage" advice to the de
for e ty fo appointed counsel under this Agreement
scr ing process established by the City. Should the
or assigned counsel prior to the establishment of
ac . all so advise the City to reconsider the screening of
Contractor shall provide to the City Police Department, a
hich an attorney may be reached 24-hours each day for "critical
is during the course of police investigations and/or arrest for
misdemeanor violations of City Ordinances.
6. Authority to practice. Any counsel associated with or employed by the Contractor shall have the
authority to perform the services called for herein and the Contractor may employ associate counsel
to assist him/her at the Contractor's expense and with written consent from the City in compliance
with Section 11 of this Agreement. The Contractor and any other attorneys retained pursuant to
this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State
of Washington and shall have read and be fully familiar with the provisions of the Washington
Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as the
Wilbur v. Mt. Vernon decision.
7. Conflicts. In the event representation of a defendant hereunder raises a conflict of interest such
that the Contractor cannot ethically represent the defendant, said defendant shall be referred
20 Kirshenbaum & Goss 2025-2026 DRAFT Page 6 of 10
back to the City for further assignment, without being included in the caseload assignments for
the Contractor.
8. Discovery. The City shall provide to the Contractor, at no cost, one copy of all discoverable
material concerning each assigned case. Such material shall include, where relevant, a copy of
the abstract of the defendant's driving record.
9. Training. Contractor agrees to attend seven (7) hours of criminal defense training each year. The
training must be approved by the Washington State Office of Public Defense (OPD) in compliance
with the OPD Improvement Program Training requirements. This requirement also applies to all
associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits
transcript from the Washington State Bar Association (WSBA) with the Annual Report.
10. Case management. Pursuant to TMC 2.70.050 Standard 8 e Contractor shall maintain a case
reporting and case management system that includes n . - pe of cases, attorney hours and
disposition.
11. Reporting. Contractor agrees to submit the folio re s:
• Monthly Case Assignment List: Includes Cause N r, Name, Charges, Date of Assignment and
Date of First Effort to Contact;
• Monthly Statistics Report: This report s t`!htially the same form as that attached
hereto as Exhibit C and shall b •mitt- the onthly invoice;
• •uarterl Certification of J1 e: Contractor shall certify compliance with the
standards required by Cr' • - ert ation shall take substantially the same form as
that attached hereto as Exh . n s . se filed quarterly with the Tukwila Municipal Court
on the following d -. ' ua April 1, July 1, and October 1, or the next court day, if the
filing day falls ay;
• Annual Report: ling the ber of other public defense contracts including jurisdiction, the
number and type o -pu' defense cases handled, and the total hours billed for non-public
defense cases.
12. Client Contact Prior to Court Hearings. Contact all clients 1-2 business days prior to their court
hearing to confirm access to and knowledge of how to utilize the necessary technology to appear
before the court.
13. Additional Coverage for Review Calendars. Provide a minimum of two attorneys at each review
calendar to expedite efficient hearings.
Kirshenbaum & Goss 2025-2026 DRAFT Page 7 of 10
21
EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1. Base Compensation Rate. Effective January 1, 2025, for all public defense services set forth in Exhibit
A, Contractor shall be paid a flat monthly fee of $32,600, which includes $2,000 per month Office of
Public Defense (OPD) grant funds to compensate for additional services provided as outlined in
Exhibit A Sections 12 & 13. Should provision of the additional services be modified in any way,
compensation will be adjusted accordingly. OPD grant funds have been awarded for 2025. If needed,
a mid -contract review will be conducted to adjust compensation based on grant funding.
2. Caseload Compensation. Caseload assignments will be evaluated on a quarterly basis. For each case
per quarter over 240 cases additional compensation will be provided at the rate of $550 per case.
3. Possession and Public Use Cases: Simple Possession Advocacy
funds have been awarded through June 30, 2025. These fun
or public use of a controlled substance cases. The City wil
remainder of 2025-2026.
Representation (SPAR) grant
pay $550 per case for possession
rcontinued grant funding for the
4. Appeals. The City shall pay the Attorney an additi. su $800 per RALJ appeal filed with the
King County Superior Court in which a brief has been . by the Contractor.
5. Community Court. The Tukwila Municipal C
jurisdictional Community Court. If a mu
contract, the impact to provisio
assessed and compensation
6. Preauthorized Non-R
preauthorized by or
limited to:
ch g implementation of a cross-
urt is mplemented during the term of this
e services for the Community Court will be
d i ngly.
Non -routine case expenses requested by Attorney and
unicipal Court. Non -Routine expenses include, but are not
a. Medical and ps .tric aluations;
b. Expert witness fee expenses;
c. Interpreters for languages not commonly spoken in the city or interpreters;
d. Investigation expenses;
e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and
other similar records when the cost of an individual item does not exceed $75; and
f. Any other non -routine expenses the Tukwila Municipal Court finds necessary and proper
for the investigation, preparation, and presentation of a case.
7. Invoices. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to
him/her for the previous month. The bill shall delineate the following:
• City compensation;
• Miscellaneous Charges: Copies of invoices and/or receipts shall be attached to the bill; and
• A list of the cases assigned for the month including the defendant's full name, case
number, charges, date of assignment & date of first contact.
22 Kirshenbaum & Goss 2025-2026 DRAFT Page 8 of 10
EXHIBIT C - PUBLIC DEFENSE MONTHLY REPORT - Kirshenbaum & Goss
CLIENT CONTACT
# per month
Jail Visits
Out of Court Meetings
Phone Calls
Email Correspondence
MOTIONS PRACTICE
Motions
RESOURCES UTILIZED
Expert Consulted
Immigration Case Assistance/Resources (WDA)
Interpreter (out of court)
Investigator
Referred for Mental Health/Competency Evaluatio
Social Services Liaison
COMPLAINTS
Complaint Forms Received from Clients
Complaints Filed with the WSBA
TRAINING (in hours)
WDA
WACDL
Other
Kirshenbaum & Goss 2025-2026 DRAFT Page 9 of 10
23
EXHIBIT D - CERTIFICATION OF COMPLIANCE
MUNICIPAL COURT FOR
CITY OF TUKWILA
STATE OF WASHINGTON
CERTIFICATION BY:
[NAME], [WSBA#]
QUARTER [1ST,2ND, 3RD, 4TH]
CALENDAR YEAR 202_
The undersigned attorney hereby certifies:
1. I am familiar with the Standards for Indigent Defense by the Supreme Court which apply to
attorneys appointed to represent indigent cli
2. I file certification forms in each court in which .. - ndit defense representation.
3. Approximately % of my total practice time d= indigent defense cases.
Approximately % of my total prme i -voted to indigent defense cases in Tukwila
Municipal Court.
4. I am appointed in other courts t. ovi. - yefense representation. My practice time in each is
approximately as follows:
Not Applicable
Court: Total practice: %
Court: Total practice: %
Court: Total practice: %
5. Caseload: I limit the number ses and mix of case types to the caseload limits required by
Standards 3.2, 3.3 and 3.4. My caseload is prorated to the percentage of my practice devoted to
indigent defense.
6. Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. I am familiar
with the specific case qualifications in Standard 14.2 and accept appointment as lead counsel only
when I meet the qualifications for that case.
7. Office: I have access to an office that accommodates confidential meetings, a postal address, and
adequate telephone and communication services as required by Standard 5.2.
8. Investigators: I have investigators available to me and use investigative services as appropriate, as
required by Standard 6.1.
CERTIFICATION OF APPOINTED
COUNSEL OF COMPLIANCE WITH
STANDARDS REQUIRED BY
CrR 3.1/CrRU 3.1/JuCR 9.2
Certification for:
to
MM/DD/YYYYMM/DD/YYYY
Attorney Signature
WSBA No. Date
24 Kirshenbaum & Goss 2025-2026 DRAFT Page 10 of 10
City of Tukwila
Thomas McLeod, Mayor
Mayor's Office - Marty Wine, City Administrator
October 22, 2024
Washington Supreme Court
PO Box 40929
Olympia WA 98504
Re: Proposed changes to the Washington Supreme Court Standards for Indigent Defense
Dear Honorable Justices:
The City of Tukwila respectfully implores the Washington Supreme Court to reject the requested
amendments to the Standards for Indigent Defense in CrRLJ 3.1. The City of Tukwila supports a
defendant's constitutional right to effective assistance of counsel. The criminal justice system is
facing significant workforce challenges, and the City of Tukwila is working to provide resources that
ensure every adult misdemeanor defendant has effective assistance of counsel where the attorney
meets an "objective standard of reasonableness" under "prevailing professional norms."'
The proposed revisions to the state's Standards for Indigent Defense will not solve current issues and
will result in new and weightier challenges than before, and the potential for felony cases to be
charged as misdemeanors would have a significant impact on the Municipal Court caseload.
The proposed changes are based on a national study.
The proposed changes to the state's Standards for Indigent Defense are predicated on a 2023
national study2 completed by the RAND organization. The report notes that the views expressed in
the report are solely the opinions of the authors and have not been approved by the American Bar
Association3. Furthermore, the RAND report says that the results of the study are "primarily
applicable to locations or for purposes where jurisdictionally focused workload standards have not
already been produced." Washington state currently has caseload standards in place. The report
continues to state that, "the most accurate weighted caseload model is developed specifically for an
individual state or jurisdiction." Therefore, the appropriate response would be for Washington to
conduct the necessary research and base recommendations on that research. These issues are too
important to rush in haste to a solution.
1 Strickland v Washington, 466 US 668 (1984)
2 http://www.rand.org/pubs/research reports/RRA2559-1.html
'RAND Report Page ii
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
25
Washington Supreme Court
October 22, 2024
Page 2
The criminal justice system requires effective coordination of all moving and interdependent parts,
including prosecutors, defense attorneys, judges, court staff, victims' advocates, investigators, social
workers and external resources like substance use and behavioral health treatment providers.
Without adequate funding and workforce available to meet the proposed standards, it is inevitable
that more criminal cases will be dismissed due to a lack of defense counsel, including misdemeanor
DUI and domestic violence cases. The proposed recommendations will exacerbate current
challenges with harmful consequences.
Smaller jurisdictions struggle the most to recruit and retain public defense attorneys. Modifying the
caseload standards will not provide equal access to justice but will increase the challenges that
smaller jurisdictions will have in providing public defense services. Instead, the solution lies in
concerted workforce efforts to increase access to internships, student loan forgiveness programs for
contract attorneys, and other programs designed specifically to increase the workforce in smaller,
underserved areas.
There is an inadequate workforce to meet the proposed standards
To implement the proposed caseload standards, the City of Tukwila will require at least three times
the number of public defense attorneys, as well as social workers and investigators. There is a very
real concern that the workforce required will not be available within the timeframe envisioned by
the proposed standards. With the inability to expand the workforce to meet the standards, the City
of Tukwila would be hindered in the ability to address misdemeanor crimes consistently and
effectively, including crimes like domestic violence, drug possession, and DUI. Additionally,
misdemeanor caseloads may be incrementally increased when felony charges are reduced down to a
misdemeanor.
The City of Tukwila supports a concerted legislative effort to increase the workforce pipeline for
public defenders, prosecutors, court staff, social workers, investigators, and other key personnel.
However, even if the legislature takes significant steps in the 2025 legislative session towards these
goals, the recommended caseload standards as proposed are not feasible.
The proposed standards are financially infeasible for cities
The City of Tukwila pays public defense costs out of the general fund budget. Funding sources for a
city's general fund are statutorily and constitutionally limited, in addition to being constrained by
residents' ability and willingness to pay. The State currently funds only a small fraction of public
defense costs. Given the current state budgetary forecasts, this is unlikely to change in the near
future.
Faced with these cost increases, the City of Tukwila may be forced to make budget cuts to other
services, including those designed to address the root causes of criminal behavior keeping people
out of the criminal justice system.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
26
Washington Supreme Court
October 22, 2024
Page 3
Better alternatives exist to address the challenges
A Washington -state specific study:
The RAND report highlighted national issues and has prompted other states and local governments
to call for a location -specific study to determine the appropriate weighted caseload standard for
their jurisdiction. Rather than making a decision on the WSBA recommendations in haste, the City of
Tukwila supports careful consideration of a state -specific standard developed by a neutral
researcher.
We urge approval of only portions of the proposed recommendations that are feasible and
achievable within current revenue and workforce limits, and which will improve public defense. The
proposed caseload limits have been the focus of much of the attention related to the WSBA's
recommendations, however, some components of the proposed revisions are feasible and would
strengthen Washington's public defense services. For example, the City of Tukwila supports the
training and qualification requirements for misdemeanor public defenders. While the staff ratios
envisioned in the proposed standards may not be workable everywhere, we support the idea of
providing access to investigators, social workers, and interpreters. These types of reforms are
positive steps forward but if the rigid requirements of the proposed revisions are adopted the City of
Tukwila will be limited in the provision of these resources.
If the Court is inclined to adopt the proposed revisions to the Standards for Indigent Defense in their
entirety, we ask the Court to exempt adult misdemeanors from the revisions, or at a minimum, delay
implementation as to misdemeanors for several years to allow time to build the necessary workforce
and time for the legislature to appropriate the needed funding increases.
The City of Tukwila appreciates the work done by our public defenders. We know that the current
recommendations will not solve the issues. At best, the recommendations are financially and
logistically infeasible, and at worst, they will create harmful consequences. We ask that you do not
adopt the proposed changes.
We appreciate the opportunity to comment on the proposed revisions to the Standards for Indigent
Defense, and we welcome any questions you may have.
Thomas McLeod Mohamed Abdi
Mayor Council President
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
27