Chapter 2.23 PUBLIC DEFENSE

It is declared a public purpose that each citizen is entitled to equal justice under law without regard to his ability to pay. It is the intention of Kitsap County to make publicly financed legal services available to the indigent and the near indigent person in all matters when there may be some factual likelihood that he or she may be deprived of his or her liberty pursuant to the laws of the state of Washington or Kitsap County. It is also the intention of Kitsap County to make such services available in an efficient manner which provides adequate representation at reasonable cost to the county.

(Ord. 526 (2015) § 4, 2015)

2.23.040 Definitions.

For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section:

A. “Board” means the board of commissioners of Kitsap County.

B. “Case” means one order appointing the office of public defense to one client, resulting in one “file” opened and assigned to a specific attorney. A single appointment, and thus a single case, may contain more than one count, and more than one court file number.

C. “Office of public defense” or “OPD” is a division of Kitsap County Department of Administrative Services, organized pursuant to Chapter 36.26 RCW.

D. “Public defenders” and “OPD attorneys” mean attorneys employed by Kitsap County in the office of public defense.

E. “Public defense contractors” means attorneys who are not employees of the office of public defense, and who have contracted with the county to represent indigent defendants in cases where the office of public defense cannot adequately represent due to conflict, caseload limits or other reasons.

(Ord. 526 (2015) § 5, 2015)

2.23.050 Public defender duties.

A. The office of public defense is responsible for managing and being fiscally accountable for the provision of public defense services.

B. The duties of the office of public defense shall include:

1. Providing legal defense services in accordance with this chapter and the laws of the state of Washington;

2. Providing legal defense services in an efficient manner that ensures effective representation at reasonable cost to the county;

3. Establishing and maintaining a roster of public defense contractors that includes attorneys acceptable to OPD who wish to participate in the defense of persons eligible for services through the contract with the county;

4. Assigning cases to public defense contractors where conflicts of interest or other circumstances exist which require use of outside counsel, including establishing contract terms for such contractors;

5. Preparing an annual budget for OPD that evaluates and forecasts service delivery levels and OPD expenses for service delivery, public defense contractors and administration. The evaluations and forecasts shall include an analysis of the impact, if any, of changes in the procedures or practices of the courts, prosecutor, police or other elements of the criminal justice system; and

6. Fostering and promoting system improvements, efficiencies, access to justice and equity in the criminal justice system.

C. OPD attorneys’ and public defense contractors’ primary and most fundamental responsibility is to promote and protect the best interests of the client. Representation shall be provided to all clients in a professional, skilled manner consistent with the Rules of Professional Conduct for Attorneys, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases.

D. The office of public defense may provide its services to the state of Washington, tribal governments, and municipalities in Kitsap County on a full cost recovery basis and is authorized to negotiate appropriate contractual agreements, subject to board approval.

(Ord. 526 (2015) § 6, 2015)

2.23.060 Qualification and training.

Every attorney performing indigent defense services for the county, whether through employment or by contract, and depending upon the nature of the case being handled, shall satisfy the minimum qualification requirements established by the Washington State Supreme Court under Order No. 257-1008, as hereafter amended, and Washington State Court Rules CrR 3.1, JuCR 9.2 and CrRLJ 3.1.

(Ord. 526 (2015) § 7, 2015)

2.23.070 Compensation.

A. If OPD attorneys are organized for the purpose of collective bargaining, wages will be negotiated with certified unions pursuant to Chapter 41.56 RCW. Otherwise, the salary and benefits received by OPD attorneys shall not be less than the salary and benefits received by Kitsap County deputy prosecuting attorneys in the same class specification.

B. Public defense contractors should be compensated commensurate with the complexity of the case assigned and time required for the case.

C. Contracts for private public defense contractors shall include compensation provisions that are consistent with the standards endorsed by the Washington State Bar Association for the provision of public defense services.

(Ord. 526 (2015) § 8, 2015)

2.23.090 Caseload limits and types of cases.

A. Caseload limits and types of cases for OPD attorneys and public defense contractors should allow each attorney to give each client the time and effort necessary to ensure effective representation. No attorney or firm rendering indigent defense services shall accept workloads that, by reason of their excessive size, interfere with the rendering of reasonable and quality representation.

B. A public defense contractor shall not allow his or her private law practice to interfere with the time required for representation of indigent defendants.

C. Case loads for all OPD attorneys and public defense contractors shall not exceed the standards established by the Washington State Supreme Court under Order No. 257-1008, as hereafter amended, and Washington State Court Rules CrR 3.1, JuCR 9.2 and CrRLJ 3.1.

(Ord. 526 (2015) § 9, 2015)

2.23.100 Expert expenses.

Reasonable compensation for expert witnesses necessary for preparation and presentation of the defense case shall be provided. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Public defense contractor requests for expert witness fees under Rule CrR 3.1(f) should be made through an ex parte motion or an ex parte request to the office of public defense. The defense should be free to retain experts necessary to the case, and in no instance should they be forced to select experts from a list pre-approved by either the court or the prosecution.

(Ord. 526 (2015) § 10, 2015)

2.23.110 Administrative costs.

Funding for the office of public defense and contracts for public defense contractors should provide for or include funding for appropriate administrative costs associated with providing legal representation such as travel, telephones, case-management systems, law library, data processing, office supplies, postage and other expenses necessarily incurred in providing public defense services. Public defense attorneys and public defense contractors shall have an office that accommodates confidential meetings with clients and receipt of mail, and adequate telephone services to ensure prompt response to client contact.

(Ord. 526 (2015) § 11, 2015)

2.23.120 Investigators.

The office of public defense and public defense contractors shall use investigation services as appropriate. The office of public defense and public defense contractors may employ or contract with investigators with investigation training and experience as needed.

(Ord. 526 (2015) § 12, 2015)

2.23.130 Support services.

The office of public defense should be appropriately staffed with legal assistants and paralegals, as needed, as well as have access to mental health professionals and interpreters, and other support services as needed.

(Ord. 526 (2015) § 13, 2015)

2.23.140 Reports of attorney activity.

OPD attorneys and public defense contractors shall maintain a case-reporting and management information system. This information shall be available to the board and to the Washington State Administrator of the Courts. Any such system shall be maintained independently from client files so as to disclose no privileged information.

(Ord. 526 (2015) § 14, 2015)

2.23.150 Training and supervision.

A. Attorneys providing public defense services should participate in regular training programs on criminal defense law.

B. Attorneys in civil commitment and dependency practices should attend training programs in these areas.

C. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and other media.

D. The office of public defense shall have a supervising attorney who is qualified to try Class A felonies.

(Ord. 526 (2015) § 15, 2015)

2.23.160 Monitoring and evaluation of attorneys.

There should be a systematic procedure for monitoring and evaluating the performance of OPD attorneys and supervisors. Such evaluations should be performed by supervisors on a regular basis, should be according to published criteria, and should include review of time and caseload records, in-court observations, review and inspection of transcripts where possible, review of files, and should consider any comments of judges, prosecutors, other defense attorneys and clients.

(Ord. 526 (2015) § 16, 2015)

2.23.170 Substitution of attorneys or assignment of contract.

A. Public defense contractors should not subcontract with another attorney or firm to provide representation, and should remain directly involved in the representation of assigned clients.

B. All contracts assigning clients to public defense contractors must include the names and qualifications of the attorneys who will be directly representing the clients, and public defense contractors shall ensure they meet the minimum requirements set forth in these standards when providing public defense services through contract with the county.

C. Any agreement with public defense contractors shall address the continued representation of assigned clients at the expiration of the agreement.

(Ord. 526 (2015) § 17, 2015)

2.23.180 Limitation on private practice of contract attorneys.

Public defense contractors shall be limited in the amount of privately retained work which they may accept, in proportion to the percentage of a full-time public defense caseload for which they contract.

(Ord. 526 (2015) § 18, 2015)

2.23.190 Disposition of client complaints.

A. The office of public defense and public defense contractors shall promptly respond to clients who make complaints and should keep a written record of the complaints and the response.

B. Complaints should be first directed to the attorney handling the case, then to a supervisor. If the complaint cannot be resolved by the supervisor, the complainant should be informed of other options including the courts or the bar association.

C. Contracts with public defense contractors who accept conflict cases should include a procedure to respond to client complaints.

(Ord. 526 (2015) § 19, 2015)

2.23.200 Cause for termination or removal of attorney.

Contracts with public defense contractors should only be terminated prior to their expiration for cause, which could include failure of the attorney to render adequate representation to the client, willful disregard of the rights and best interests of the client, or willful disregard of the standards set forth herein.

(Ord. 526 (2015) § 20, 2015)

2.23.220 Nondiscrimination.

Neither the board, office of public defense, public defense contractors, nor the attorneys selected, shall discriminate on the grounds of race, color, religion, national origin, veteran status, age, marital status, sex, sexual orientation or disability in hiring practices, in representing clients, or in providing public defense services. The board, office of public defense, and public defense contractors shall comply with all federal, state, and local nondiscrimination requirements.

(Ord. 526 (2015) § 21, 2015)