HomeMy WebLinkAbout139-08 - Ord. Indigent Defense Standards Superior and Juvenile CourtMASON COUNTY INDIGENT DEFENSE STANDARDS
S UPERIOR AND JUVENILE COURT
Ordinance No. (39 -0%
WHEREAS, the Washington Legislature mandated in RCW 10.101.030
t hat counties adopt standards for the delivery of public defense
services;
BE IT RESOLVED that the Board of County Commissioners for Mason
County hereby adopts the following Indigent Defense Standards for
S uperior and Juvenile Court
STANDARD 1: CONTRACT
All indigent defense services for Superior and Juvenile Court shall be
pursuant to a written contract between the indigent defense attorneys
and Mason County Superior Court.
STANDARD 2: COMPENSATION
Indigent defense attorneys for Mason County Superior and Juvenile
Court shall be compensated in accordance with the contract executed by
t he respective parties.
STANDARD 3: DUTIES AND RESPONSIBILITIES OF COUNSEL
All indigent defense contracts shall require that defense services be
provided to all clients in a professional, skilled manner consistent
with standards set forth by the American Bar Association (Defense
Function Standards 4-1.1 et. seq.), the Rules of Professional Conduct
(RPC), case law and applicable court rules defining the duties of
counsel and the rights of defendants in criminal cases. Counsel's
primary and most fundamental responsibility is to advise the client
o f, and protect his/her legal rights.
S TANDARD 4: CASELOAD LIMITS
The caseload of contract attorneys shall allow each attorney to give
e ach client the time and effort necessary to ensure effective
✓ epresentation. Attorneys shall not accept workloads that, by reason
o f their excessive size, interfere with the rendering of quality
✓ epresentation. Caseloads for each attorney shall be set and
monitored by the Court and included in the contract executed by the
✓ espective parties. When setting the caseload limits, the Court shall
Mason County Indigent Defense Standards for Superior and Juvenile Courts
Ordinance No. 13 - - Page 1
be mindful of the following Washington State Bar Association proposed
guidelines for caseload limits per attorney, per year:
150 felony cases; or
250 juvenile offender cases; or
80 open juvenile dependency cases; or
250 civil commitments; or
50 RALJ appeals
STANDARD 5: MALPRACTICE INSURANCE
As part of the contract executed between the respective parties,
S uperior and Juvenile Court contract counsel shall at all times
maintain errors and omissions liability insurance coverage as follows:
1. Adult Contracts. Limits of no less than $250,000.00 per occurrence
with a $500,000.00 aggregate.
2. Juvenile Contracts. Limits of no less than $100,000.00 per
occurrence with a $300,000.00 aggregate.
STANDARD 6: SERVICES OTHER THAN COUNSEL
Reasonable compensation for expert witnesses, investigators and other
services necessary for an adequate preparation and presentation of the
defense case shall be provided at public expense for indigent
defendants. Requests for expert services shall be made through an ex
parte motion.
STANDARD 7: ADMINISTRATIVE EXPENSES
Contract counsel shall be responsible for paying all administrative
e xpenses of their office or firm or other support services not
o therwise provided for in these standards or by contract.
STANDARD 8: REPORTS OF ATTORNEY ACTIVITY AND VOUCHERS
As part of the contract executed between the respective parties,
S uperior and Juvenile Court contract counsel shall be required to
provide the Court Administrator with a monthly reporting of hours
spent on the contract.
U sing a search of the Scomis or other court -generated database, the
Court Administrator shall conduct a monthly search of cases appointed
t o each adult contract attorney. The Court Administrator shall
maintain a table that shows the number of new felony appointments
assigned to each adult contract attorney per month.
The Court Administrator shall submit a standardized voucher form each
month for payment to Superior and Juvenile Court contract counsel.
Contract payments shall be made as close to the 15th of each month as
Mason County Indigent Defense Standards for Superior and Juvenile Courts
Ordinance No .n- Page 2
possible, if draws have been requested, and/or on the last workday of
e ach month.
On cases for which attorneys are paid an hourly rate, attorneys shall
submit a detailed statement of time and expenses incurred to the Court
Administrator no later than thirty (30) days following completion of
the case. Subject to the Court's finding of reasonableness the Court
Administrator will prepare and submit a voucher for payment to the
Mason County Auditor.
STANDARD 9: TRAINING
Attorneys providing indigent defense services should participate in
✓ egular training programs on criminal defense law, including a minimum
o f seven hours of continuing legal education annually in areas
✓ elating to their indigent defense practice.
Every attorney providing counsel to indigent accused should take the
opportunity to attend courses that foster trial advocacy skills and to
✓ eview professional publications and tapes.
STANDARD 10: MONITORING AND EVALUATION OF ATTORNEYS
The Court should establish a procedure for systematic monitoring and
e valuation of attorney performance based upon written criteria.
Efforts should include a review of time and caseload records and
monitoring contract compliance.
STANDARD 11: SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACT
Contract attorneys should not sub -contract with another firm or
attorney to provide representation and should remain directly involved
in representation. All contracts are directly between the Court and
the individual contract attorney, regardless of firm affiliation,
which ensures that they meet minimum qualifications. The contract
should address procedures for continuing representation of clients
upon conclusion of the contract. Alternate or conflict counsel should
be available for substitution in conflict situations.
STANDARD 12: LIMITATION ON PRIVATE PRACTICE OF CONTRACT ATTORNEYS
An attorney or firm rendering indigent defense services shall not
allow his or her private practice to diminish his or her ability to
✓ epresent indigent defendants.
STANDARD 13: QUALIFICATION OF ATTORNEYS
1. In order to ensure that indigent accused receive effective
assistance of counsel to which they are constitutionally entitled,
attorneys providing defense services must meet the following minimum
professional qualifications:
Mason County Indigent Defense Standards for Superior and Juvenile Courts
Ordinance No W14 - Page 3
1.1 Satisfy the minimum requirements for practicing law in
Washington as determined by the Washington Supreme Court;
and
1.2 Complete the hours of continuing legal education within
each calendar year required by the Washington Bar
Association, to include the specialized training required
in Standard 9.
2. Additional qualifications required according to severity or type of
case:
2.1 Death Penalty Representation. Attorneys to be appointed in
accordance with SPRC 2.
2.2 Adult Felony Cases - Class A. Each attorney representing a
defendant accused of a Class A felony as defined in RCW
9A 20.020 shall meet the following requirements:
(a) The minimum requirements set forth in Section 1 above;
and
(b) Has served two years as a prosecutor, public defender
or two years in a private criminal practice; and
(c) Has been trial counsel alone or with other trial
counsel and handled a significant portion of trial in
three (3) felony cases that have been submitted to a
jury.
2.3 Persistent Offender (Life Without Possibility of Release)
Representation. Each attorney acting as lead counsel in a
"two -strikes" or "three strikes" case in which a conviction
will result in a mandatory sentence of life in prison
without parole shall meet the following requirements:
(a) The minimum requirements set forth in Section 1 above,
and
(b) Have at least:
(i) Four years criminal trial experience; and
(ii) One year experience as a felony defense attorney;
and
(iii) Experience as lead counsel in at least one Class
A felony trial and
(iv) Experience as counsel in cases involving each of
Mason County Indigent Defense Standards for Superior and Juvenile Courts
Ordinance No Ili_ - Page 4
the following:
1) Mental health issues; and
2) Sexual offenses, if the current offense or
a prior conviction that is one of the
predicate cases resulting in the
possibility of life in prison without
parole is a sex offense; and
3) Expert witnesses; and
4) One year of appellate experience or
demonstrated legal writing ability.
2.4 Adult Felony Cases - All other Felonies Each attorney
representing a defendant accused of a Class B or C felony
shall meet the following requirements:
(a) The minimum requirements set forth in Section 1 above;
and
(b) Has served one year as a prosecutor, appointed counsel
for indigent defendants, or in a private criminal
practice; and
(c) Has been trial counsel alone or with other trial
counsel and handled a significant portion of the trial
in two criminal cases that have been submitted to a
jury.
2.5 Adult Drug Court or Probation Revocation. Each attorney
representing a defendant in Drug Court or involved in a
probation / community supervision revocation shall meet the
minimum requirements set forth in Section 1 above
2.6 Misdemeanor Cases. Each attorney representing an adult
defendant accused of a gross misdemeanor or misdemeanor in
Superior Court shall meet the minimum requirements set
forth in Section 1 above.
2.7 Juvenile Offender Cases. Each attorney representing a
juvenile accused shall meet the minimum requirements set
forth in Section 1 above.
2.8 Mental Commitment Hearings. Each attorney representing an
individual involved in a mental commitment hearing shall
meet the minimum requirements set forth in Section 1 above.
2.9 Dependency Cases. Contracts that provide representation
for parents in a dependency proceedings are currently
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Ordinance No ro0 Page 5
assigned through the Office of Public Defense. Each
attorney appointed for a child or the guardian ad litem on
an hourly basis in a dependency matter shall meet the
minimum requirements set forth in Section 1 above.
2.10 RALJ Appeals to Superior Court. Each attorney representing
a case on a RALJ appeal shall meet the minimum requirements
set forth in Section 1 above and demonstrate legal writing
ability.
STANDARD 14: DISPOSITION OF CLIENT COMPLAINTS
Complaints should first be directed to the attorney, firm or agency,
which provided representation. if the client feels that he or she has
not received an adequate response the Court should designate a person
or agency to evaluate the legitimacy of complaints and to follow up
meritorious ones The complaining client should be informed as to the
deposition of his or her complaint within one week.
STANDARD 15: CAUSE FOR TERMINATION OR REMOVAL OF ATTORNEY
Contracts for defense services may be terminated as follows:
1. Immediate termination should the attorney become disbarred or
their license to practice law in the State of Washington
suspended; or
2 By the Court upon thirty (30) days written notification to the
attorneys; or
3 By the attorney upon sixty (60) days written notification to the
Court; provided, however, that except if terminated under
subsection (a) above the attorney shall be required to complete
the cases already assigned to him or her in accordance with the
contract.
STANDARD 16: NON-DISCRIMINATION
Neither the Court, in its selection of an attorney, firm or agency to
provide indigent defense representation of clients, 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, sex, sexual orientation or
handicap. Both the Court and contract counsel shall comply with all
federal, state and non-discrimination requirements
STANDARD 17: GUIDELINES FOR AWARDING DEFENSE CONTRACTS
The Court shall award contracts for indigent defense services only
after determining that the attorney can meet accepted professional
standards. Under no circumstances shall a contract be awarded on the
Mason County Indigent Defense Standards for Superior and Juvenile Courts
Ordinance No 1301.E - Page 6
basis of cost alone o Attorneys applying for contracts must
demonstrate their ability to meet these standards° Neither
prosecutors nor law enforcement officers shall be involved in the
selection of attorneys who will provide incigent defense services°
ADOPTED this 'day of WC( 200
ATTEST:
%,2 )0(7:4-airLia.
Cler of the Boarc.
BOARD OF COUNTY COMMISSIONERS
FOR MASON COUNTY, WASHINGTO1
TIM SHELDON, Chair
s
erson
LYNDA ' NG ERICKSON, Commissioner
"RrSS GALLAGHER 'Chairperson
Mason County Indigent Defense Standards for Superior and Juvenile Courts
Ordinance No. - Page 7