HomeMy WebLinkAboutOrdinance Amending KCC 2..09_52367.docx-132732043196623441 (2)Page 1 of 6
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE NO. 2021-_____
AN ORDINANCE AMENDING KITTITAS COUNTY CODE CHAPTER 2.09 REGARDING DELIVERY OF
PUBLIC DEFENSE SERVICES TO REFLECT CHANGES IN THE WSBA STANDARDS
Whereas: Kittitas County Code Chapter 2.09 was enacted to implement the statutorily
mandated standards of RCW 10.101.030; and
Whereas: The cited RCW refers to standards endorsed by the Washington State Bar
Association (WSBA) as guidelines for local legislative bodies in adopting local
standards and practices; and
Whereas: The Washington State Bar Association has revised those standards effective May
21, 2021; and
Whereas: The Board of County Commissioners have determined it is in the best interest of
the public to update Kittitas County Code Section 2.09 to reflect this change; and
NOW, THEREFORE, BE IT ORDAINED, the Board of County Commissioners, after due deliberation
and in the best interest of the public, adopt by reference the majority of the “Standards for
Indigent Defense Services” into the Kittitas County Code ;
BE IT ALSO ORDAINED, Kittitas County Code Chapter 2.09 is hereby amended, and shall read as
follows (additions to this text are shown by underline and deletions by strikeout):
Sections
2.09.010 Standards of representation.
2.09.020 Selection of attorneys.
2.09.030 Duties and responsibilities of counsel.
2.09.040 Case load limits and types of cases.
2.09.050 Costs of investigative and expert or other services.
2.09.060 Reports of attorney activity and vouchers.
2.09.070 Training.
2.09.080 Substitution of attorneys or assignment of contracts.
2.09.090 Minimum qualifications of attorneys.
2.09.100 Representation in specific classes of cases.
2.09.110 Disposition of client complaints.
2.09.120 Cause for removal of attorney.
2.09.130040 Non-discrimination.
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2.09.1050 Effective date and expiration date.
2.09.1060 Severability.
2.09.010 Standards of representation. Kittitas County hereby adopts standards for the delivery
of public defender services consistent with RCW 10.101.030 and the Washington Defender
State Bar Association Standards for Public Indigent Defense Services as revised May 21, 2021,
except for Standards 18 and 19, and as amended or revised thereafter. Kittitas County is rural in
nature, has two sitting Superior Court judges, a full-time district court judge serving the Lower
Kittitas County District Court and a part-time district court judge serving the Upper Kittitas
County District Court; and appoints attorneys from a list of qualified, interested, and dedicated
attorneys for cases in Superior Court and Upper Kittitas County District Court and contracts
with interested attorneys who have applied to serve by contract in Lower Kittitas County
District each of these Courts. Therefore, the standards of the Washington State Bar Association
referenced above are hereby adopted by reference as if fully set out herein. set forth in this
rule have been tailored to the assigned counsel model for delivery of public defender s ervices.
(Ord. 2021-____, 2021)
2.09.020 Selection of attorneys. Attorneys appointed for indigent defense shall be selected
solely by the court, consistent with the terms of the contracts referenced in 2.09.010. (Ord.
2008-12, 2008)
2.09.030 Duties and responsibilities of counsel. Defense services shall be provided to all clients
in a professional, skilled manner consistent with minimum standards set forth by the American
Bar Association, applicable Washington state bar association State Bar Association standards,
the Rules of Professional Conduct, case law and court rules defining the duties of counsel and
the rights of defendants in criminal cases. Counsel's primary and most fundamental
responsibility is to promote and protect the best interests of the client. (Ord. 2021-____, 2021)
2.09.040 Case load limits and types of cases. The caseload of court appointed attorneys should
allow each lawyer to give each client the time and effort necessary to ensure effective
representation. Assigned counsel should not accept a workload that, by reason of its excessive
size, interferes with the rendering of quality representation. (Ord. 2008 -12, 2008) Repealed
(Ord. 2021-____, 2021)
2.09.050 Costs of investigative and expert or other services. Reasonable compensation for
investigative, expert, or other services necessary for preparation and presentation of the
defense case shall be provided upon motion pursuant to CrR 3.1(f) or CrRLJ 3.1(f). Fees for
investigative, expert, or other services should be maintained and allocated from funds separate
from those provided for defender services. The defense should be free to retain said services of
its choosing. (Ord. 2008-12, 2008) Repealed (Ord. 2021-____, 2021)
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2.09.060 Reports of attorney activity and vouchers. The court appoint ed attorney shall maintain
a case-reporting and management information system which includes number and type of
cases, attorney hours and disposition for each case served at public expense. An annual report
shall be filed with the presiding judges of the respective courts summarizing the number and
type of cases, the attorney hours spent on each case, and dispositions thereof. Such system
shall be maintained independently from client files so as to disclose no privileged information.
A standardized voucher form provided by the court shall be used by court appointed attorneys
seeking payment upon completion of a case. Each attorney shall provide annually to the
Presiding Superior Court Judge a certification documenting their compliance with the
requirements set forth in Section 2.09.090. (Ord. 2008-12, 2008) Repealed (Ord. 2021-____,
2021)
2.09.070 Training. Attorneys providing public defense services should participate in regular
training programs on criminal defense law, including a minimum of seven hours of continuing
legal education annually in areas relating to their public defense practice. Attorneys in
dependency practices should attend training programs in these areas. Every attorney providing
counsel to indigent accused should have the opportunity to a ttend courses that foster trial
advocacy skills and to review professional publications and tapes. (Ord. 2008 -12, 2008)
Repealed (Ord. 2021-____, 2021)
2.09.080 Substitution of attorneys or assignment of contracts. The court appointed attorney
should not sub-contract with another firm or attorney to provide representation, except
referrals authorized by contract in order to (a) comply with caseload limitations, or (b) resolve
conflicts. To the extent that the court appointed attorney does refer cases to maintain caseload
limitations or for any other reason authorized by contract, the referral shall be only to an
attorney who the court has determined qualifies to serve as court appointed counsel under
these standards for public defense services. (Ord. 2008-12, 2008) Repealed (Ord. 2021-____,
2021)
2.09.090 Minimum qualifications of attorneys. In order to assure that indigent accused receive
the effective assistance of counsel to which they are constitutionally entitled, court appointed
attorneys shall meet the following minimum professional qualifications: a) satisfy the minimum
requirements for practicing law in Washington as determined by the Washington Sup reme
Court; and b) complete seven hours of continuing legal education approved by the Washington
State Bar Association Continuing Legal Education Department in the field of criminal law or trial
advocacy within each calendar year. (Ord. 2008-12, 2008) Repealed (Ord. 2021-____, 2021)
2.09.100 Representation in specific classes of cases. In order to serve in each of the following
classes of cases, court appointed attorneys should first meet certain requirements: 1. Death
Penalty Representation. Each attorney acting as lead counsel in a death penalty case should
meet the following requirements: a. The minimum requirements set forth in Section 2.09.090;
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and b. At least five years criminal trial experience; and c. Have prior experience as lead counsel
in no fewer than nine jury trials of serious and complex cases which were tried to completion;
and d. Have served as lead or co-counsel in at least one jury trial in which the death penalty was
sought; and e. Have completed at least one death penalty defense seminar within the previous
two years. 2. Adult Felony Cases - Class A. Each attorney representing a defendant accused of a
Class A felony as defined in RCW 9A.20.020 should meet the following requirements: a. The
minimum requirements set forth in Section 2.09.090; and b. Either: i. has served two years as a
felony-level prosecutor; or ii. has served two years as a public defender defending felony-level
cases; or iii. has been trial counsel alone or with other trial counsel and handled a significant
portion of the trial in five felony cases that have been submitted to a jury. 3. Adult Felony Cases
- Class B Violent Offense or Sexual Offense. Each attorney representing a defendant accused of
a Class B violent offense or sexual offense as defined in RCW 9A.20.020 should meet the
following requirements: a. The minimum requirements set forth in Section 2.09.090; and b.
Either: i. has served one year as a felony-level prosecutor; or ii. has served on year as a public
defender defending felony-level cases; or iii. has been trial counsel alone or with other counsel
and handled a significant portion of the trial in two Class-C felony cases that have been
submitted to a jury. 4. Adult Felony Cases - All other Class B Felonies, Class C Felonies,
Probation or Parole Revocation. Each attorney representing a defendant accused of a Class B
felony not defined in (c) above or a Class C felony, as defined in RCW 9A.20.020, or involved in a
probation or parole revocation hearing should meet the following requirements: a. The
minimum requirements set forth in Section 2.09.090, and b. Either: i. has served one year as a
prosecutor; or ii. has served one year as a public defender; or iii. 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; and c. Each attorney should be accompanied at his or her first
felony trial by a supervisor, or another otherwise qualified public defender. 5. Juvenile Cases -
Class A. Each attorney representing a juvenile accused of a Class A felony should meet the
following requirements: a. The minimum requirements set forth in Section 2.09.090, and b.
Either: i. has served one year as a prosecutor; or ii. has served one year as a public defender; or
iii. has been trial counsel alone of record in five juvenile Class B and Class C felony trials; and c.
Each attorney should be accompanied at his or her first juvenile trial by a supervisor, or another
otherwise qualified public defender. 6. Juvenile Cases - Classes B and C. Each attorney
representing a juvenile accused of a Class A or C felony should meet the following
requirements: a. The minimum requirements set forth in Section 2.09.090, and b. Either: i. has
served one year as a prosecutor; or ii. has served one year as a public defender; or iii. has been
trial counsel alone of record in five misdemeanor cases brought to a final resolution; and c.
Each attorney should be accompanied at his or her first juvenile trial by a supervisor, or another
otherwise qualified public defender. 7. Misdemeanor Cases. Each attorney representing a
defendant involved in a matter concerning a gross misdemeanor or condition of confinement,
should meet the requirements as outlined in Section 2.09.090. 8. Dependency Cases. Each
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attorney representing a client in a dependency matter shall meet the following requirements: a.
The minimum requirements as outlined in Section 2.09.090; and b. Attorneys handling
termination hearings shall have six months dependency experience or have significant
experience in handling complex litigation. (Ord. 2008-12, 2008) Repealed (Ord. 2021-____,
2021)
2.09.110 Disposition of client complaints. Client complaints should first be directed to the
public defender who provided or is providing representation. If th e client feels that he or she
has not received an adequate response, the public defender shall forward the complaint and
any response by the public defender to the judicial officer presiding over the case. The judicial
officer shall review the complaint and take any action deemed appropriate by the judicial
officer, including re-assigning the case to another public defender. The attorney and the
reviewing judicial officer shall reply to the complaint within one week of receipt of the
complaint or as soon as practicable thereafter. (Ord. 2008-12, 2008) Repealed (Ord. 2021-____,
2021)
2.09.120 Cause for removal of attorney. Termination of an attorney's assignment should only
be for cause. Good cause shall include the failure of the attorney to render adequate
representation to clients; the willful disregard of the rights and best interests of the client; and
the willful disregard of the standards herein addressed. The representation in an individual case
establishes an inviolable attorney-client relationship. Removal of counsel from representation
therefore normally should not occur over the objection of the attorney and the client. (Ord.
2008-12, 2008) Repealed (Ord. 2021-____, 2021)
2.09.130040 Non-discrimination. Neither the court, in its selection of an atto rney to provide
public defense representation, 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 the attorney
shall comply with all federal, state, and local nondiscrimination requirements. (Ord. 2008 -12,
2008) Renumbered (Ord. 2021-____, 2021)
2.09.1050 Effective date and expiration date. This ordinance shall take effect immediately and
shall not expire until formally amended or repealed by legislative action. Renumbered (Ord.
2021-___, 2021)
2.09.1060 Severability. If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of this chapter or the application of the provisions
to other persons or circumstances is not affected. Renumbered (Ord. 2021-___, 2021)
BE IT ALSO ORDAINED, the Information Technology Department is charged with incorporating
and updating the amendment authorized herein on the Kittitas County web page.
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BE IT FURTHER ORDAINED, the Prosecuting Attorney’s Office is charged with correcting any
scrivener’s errors arising out of the amendment process. No further authorization will be needed
from the Kittitas County Board of Commissioners for the Prosecuting Attorney’s Office to effect
correction of scrivener’s errors relating to this Ordinance.
ADOPTED this ______ day of ______________, 2021, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
__________________________________
Brett Wachsmith, Chair
__________________________________
Laura Osiadacz, Vice-Chair
__________________________________
Cory Wright, Commissioner
ATTEST: APPROVED AS TO FORM:
_______________________ _________________________________
Douglas R. Mitchell, Deputy Prosecuting Attorney
☐ Clerk of the Board- Julie Kjorsvik
☐ Deputy Clerk of the Board- Mandy Buchholz