HomeMy WebLinkAboutStaff Report - KCC.2.09_52367.doc-132732043196623441 (2)KITTITAS COUNTY
Board of County Commissioners
AGENDA STAFF REPORT
AGENDA DATE: September 7, 2021
ACTION REQUESTED: Set Public Hearing for September 21, 2021 to consider
proposed amendment to the Kittitas County Code provision
(KCC Chapter 2.09) pertaining to the process and standards
for appointment of criminal defense counsel for the
indigent.
BACKGROUND: RCW 10.101.030 requires counties and cities to adopt
standards for the delivery of public defense services. The
statute has a list of the standards to be considered and
directs that the standards adopted by the Washington State
Bar Association (WSBA) should serve as guidelines to
local legislative bodies. KCC 2.09 was adopted in 2008 and
not revised since.
The WSBA adopted revised “Standards for Indigent
Defense Services” on May 21, 2021. In a subsequent
meeting of the Judges of the courts in Kittitas County, this
revision was noted and recognized leading to a need to
amend KCC Chapter 2.09. Amendment was also required
to reflect changes in the manner of selection and
appointment of such counsel, and the introduction of
appropriate contracts for counsel in all of these courts.
INTERACTION: The judges requested assistance from their assigned
counsel in preparing an amendment to KCC 2.09 to reflect
the revision of the WSBA standards. The amendment also
had to reflect that under the current conditions of this
relatively small, rural county, the only entity able to
consider the applications of interested counsel and enter
into contracts is the judiciary and their administrative staff.
This is inconsistent with provisions of Standards Eighteen
and Nineteen, but reflective of the resources available and
the statutory prohibitions on the involvement of prosecutors
and law enforcement in this process pursuant to RCW
10.101.040. It is the position of the judges that the ethical
standards applicable to them provide adequate protection
from undue influence on appointed counsel. However,
changes in the current model need to be made to result in full
compliance with all of the new WSBA standards as soon as
possible.
RECOMMENDATION: Set Public Hearing on September 21, 2021 to consider
amendment to Kittitas County Code 2.09.
ATTACHMENTS: Proposed Ordinance amending Kittitas County Code 2.09;
WSBA “Standards for Indigent Defense Services” as
adopted May 21, 2021.
LEAD STAFF: Judge Paul Sander, for the Judges of the courts in Kittitas
County.