HomeMy WebLinkAboutPublic Defense Formation Committee Resolution
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION SPECIFYING THE CREATION AND COMPOSITION OF THE
ADVISORY COMMITTEE FOR FUTURE PUBLIC DEFENSE OPTIONS
RESOLUTION No. 2022 - _______
WHEREAS: RCW Chapter 10.101 addresses the need for implementation of the
constitutionally mandated provision of counsel for indigent persons facing
criminal prosecution; and
WHEREAS: KCC Chapter 2.09 addresses the delivery of such services in Kittitas County; and
WHEREAS: the applicable standards of the WSBA and the Rules of Professional
Responsibility are evolving; and
WHEREAS: the judges of the Superior and District Courts have made the Board of County
Commissioners aware of the need for changes in the local system for the selection
of and appointment of such counsel; and
WHEREAS: it is important to provide for a system that will meet these changed needs and
scrutiny from higher courts;
NOW THEREFORE BE IT HEREBY RESOLVED that the Board of County Commissioners
of Kittitas County does by this Resolution create an Account in the General Fund to be
called “Public Defenses Services”.
AND BE IT FURTHER RESOLVED that the Board of County Commissioners of Kittitas
County does by this Resolution create an Advisory Committee to study the future of
public defense options in Kittitas County, which shall consist of representatives from the
following stakeholder groups:
1 (one) who will be a member of the Board of County Commissioners and selected from
among that body; a judge or their designee from the Superior Court and each of the District
Courts; a representative from the State Office of Public Defense to be chosen by that agency; the
Deputy Prosecutor assigned to advise the Courts; and 1 or more members who are independent
from the system and have unique subject matter expertise ( proposed at this time are the
Honorable James Hurson, retired Kittitas County Lower District Court Judge, and/or Mr. L. Dan
Fessler, retired Director of Yakima County’s Office of Assigned Counsel).
Their term of appointment shall be for two years, except those members who are
independent from the system and have unique subject matter expertise shall serve “at-will”. At any
point of a vacancy, including at the time of the initial formation of the committee, the Board of
County Commissioners shall seek judicial input for the appointment to the vacancy and make such
replacement appointment.
The function of the committee is to make recommendations to the Board of County
Commissioners as to the future provision of public defense services in Kittitas County. The
committee shall submit a report of its activities and recommendations to the Board of County
Commissioners every six months.
The Committee members (except those already employed by the County) shall not be
considered employees of the county nor receive any compensation or benefits but shall receive
reimbursement for actual and documented expenses pursuant to the published policies and
practices of the Kittitas County Auditor. The committee members (except those already employed
by the County) shall not receive county email accounts.
ADOPTED this 1st day of March, 2022.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
Cory Wright, Vice-Chairman
Brett Wachsmith, Commissioner
ATTEST: APPROVED AS TO FORM:
_______________________ _________________________________
☐ Clerk of the Board- Julie Kjorsvik D. R. Mitchell, (Deputy) Prosecuting Attorney