HomeMy WebLinkAboutJefferson County Superior Court MOU - 010424 (0002) 4
MEMORANDUM OF UNDERSTANDING
Between the Jefferson County Superior Court and the
the Jefferson County Administrator
This Memorandum of Understanding ("MOU") is made and entered into by and among the Jefferson
County Superior Court(Superior Court) and the Jefferson County Administrator(County Administrator).
ram,
WHEREAS, the Washington Supreme Court adopted General Rule 42 (GR 42), effective
January 1, 2023; and,
WHEREAS, GR 42(c) states, "Judges and judicial staff in superior courts and courts of limited
jurisdiction shall not select public defense administrators or the attorneys who provide public defense
services;"
WHEREAS,GR 42(d)(1)states,"Judges and judicial staff in superior courts and courts of limited
jurisdiction shall neither manage nor oversee public defense services, including public defense contracts
and assigned counsel lists;"and,
WHEREAS,GR 42(d)(2)states,"The terms `manage' and`oversee' include: drafting,awarding,
renewing, and terminating puplic defense contracts; adding attorneys or removing them from assigned
counsel lists; developing or is&ing case weighting policies; monitoring attorney caseload limits and case-
level qualifications; monitoring compliance with contracts, policies, procedures and standards; and
recommending compensation;"and,
WHEREAS, Jefferson Associated Counsel (JAC) is the law firm providing public defense
services within Jefferson County; and,
WHEREAS, the County Administrator currently manages the relationship between Jefferson
County and JAC pursuant to a Public Defense Contract effective from December 31, 2021 to July 1, 2025;
and, •
WHEREAS, from time to time JAC has a conflict of interest that prevents one of its employees
from providing defense services to a person who is entitled to public defense services under state law or the
Jefferson County Code; and,
WHEREAS, currently when there is a conflict df interest prohibiting JAC from representing a
person entitled to public defenses,the Superior Court appoints counsel (conflicts counsel)to represent the
person entitled to public defense services; and,
WHEREAS,the Superior Court believes,:consistent with GR 42, that conflicts counsel should be
appointed by the County Administrator and the County Administrator agrees; and,
NOW, THEREFORE, based on their mutual understanding, the Superior Court and the County
Administrator, agree as follows:
1. Purpose of this MOU. The purpose of this MOU is to transfer to the County Administrator from
the Superior Court,the responsibility for selection of conflicts counsel.
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2. Transition of Selection of Conflicts Counsel. Up to 11:59 p.m. on December 31, 2023, the
Superior Court shall continue to select conflict counsel for individual cases for persons entitled to
public defense services in matters filed in the Superior Court.After 12:00 a.m. on January 1,2024,
the County Administrator shall select conflict counsel for individual cases for persons entitled to
public defense services in matters filed in the Superior Court.
3. Required Qualifications of Conflicts Counsel. Conflicts Counsel shall satisfy all of the
requirements in Standards 14 and 15 of the Washington Standards for Indigent Defense in
CrRLJ 3.1.
(SIGNATURES FOLLOW ON NEXT PAGE)
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DATED this if day of San, ,2024
Jefferson County Superior Court
By:
Brandon Mack, Date ti72,
/ t'
Superior Court Judge
Jefferson County
By: #/#14‘
///Y/ 2r.
Mark McC ley, Date
County Administrator
APPROVED AS TO FORM ONLY
By: O /q ) e 9
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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