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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.