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HomeMy WebLinkAboutSpecial 2024-10-28 Item 2B - Motion - Joint Letter on Proposed Changes to WA State Supreme Court Standards for Indigent DefenseCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/28/24 CT ITEM INFORMATION ITEM No. Spec 2.B. STAFF SPONSOR: MARTY WINE ORIGINAL AGENDA DATE: 10/ 28/ 24 AGENDA ITEM TITLE Letter submitting public comment regarding proposed changes to the Washington State Supreme Court standards for Indigent Defense CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 10/28 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other lUtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P aR ❑ Police ❑ PIV SPONSOR'S SUMMARY Revisions are being proposed to the Standards for Indigent Defense that will have a significant impact from a budgetary standpoint and will also impact charging decisions at the felony level down to the misdemeanor level. The Washington State Supreme Court is accepting public comment on proposed changes through October 31, 2024 REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. DATE: 10/14/2024 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to 10/21/2024 Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $367,200 AMOUNT BUDGETED $367,200 APPROPRIATION REQUIRED $ Fund Source: GENERAL FUND Comments: Supplemented by $24,000 Office of Public Defense Grant Funds MTG. DATE 10/28/24 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/28/24 Informational Memorandum dated Draft letter to Washington Supreme Court re Indigent Defense Standards Minutes from 10/14/2024 Community Services and Safety Committee Meeting 125 126 TO: 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 127 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) If the 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. 128 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 129 130 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 131 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 132 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 133 134 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes October 14, 2024- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Eric Lund, Marty Wine, Cheryl Thompson, Laurel Humphrey Staff Present: Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: 2025-2026 Prosecution Services Staff is seeking approval of a contract with Karen Lentz PLLC to continue prosecution services through December 31, 2026 at a rate increase of approximately 3.2% each year. Committee Recommendation: Unanimous approval. Forward to October 21, 2024 Regular Consent Agenda. B. Contract: 2025-2026 Public Defense Services Staff is seeking approval of a contract with Kirshenbaum & Goss for public defense services through 2026. Staff is also seeking approval of a comment letter to the Washington State *Supreme Court on the proposed Standards for Indigent Defense Item(s) for follow-up: Provide draft letter to City Council via email in advance of the Regular Meeting. Committee Recommendation: Unanimous approval. Forward to October 21, 2024 Regular Consent Agenda. C. Contract: 2025-2026 City Attorney Services Staff is seeking approval of a contract with Ogden Murphy Wallace for City Attorney Services through 2026. Committee Recommendation: Unanimous approval. Forward to October 21, 2024 Regular Consent Agenda. D. Police Department 2024 3rd Quarter Report Staff presented the report. Committee Recommendation: Discussion only. II. MISCELLANEOUS The meeting adjourned at 5:47 p.m. Committee Chair AspIT pproval Minutes by LH 135