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COUNTY OF JEFFERSON
STATE OF WASHINGTON
In the Matter of Adoption}
of Standards for Public }
Defense Services for the }
Superior and District Courts}
Resolution No, 31-91
WHEREAS, Chapter 409, Laws of 1989 (RCW 10.101) requires each County
to adopt standards for the delivery of "public defense services;" and
WHEREAS, Standards for Public Defense Services were drafted to meet
the intent of the legislation and to be consistent with Jefferson County's contracts for
public defense services; and
WHEREAS, these draft standards have been reviewed by the Superior and
District Court Judges, the Prosecuting Attorney, the Clallam Jefferson Public Defender,
and the Jefferson County Law and Justice Committee and have been recomnlended to
the Board of County Commissioners for adoption;
NOW THEREFORE BE IT RESOLVED, that the attached "STANDARDS
FOR PUBLIC DEFENSE SERVICES," are hereby adopted for use by the Superior and
District Courts of Jefferson County effective immediately.
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APPROVED AND SIGNED this ~ day of April, 1991.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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Larry W. Dennison, Chairman
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ATTEST:
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, . ard E. Wojt, Member,
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Lorna L. Delaney, --- (J
Clerk of the Board
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STANDARDS FOR PUBLIC DEFENSE SERVICES
STANDARD ONE
COMPENSATION
Standard:
Public defense attorneys and staff should be compensated at
a rate commensurate with their training and experience. To
attract and retain qualified personnel, compensation and
benefit levels should be comparable to those of attorneys and
staff in prosecutorial offices in the area.
Contracts should provide for extraordinary expenditures over
and above the normal contract terms for cases which require
an extraordinary amount of time and preparation, including,
but not limited to, death penalty cases.
STANDARD TWO
DUTIES AND RESPONSIBILITIES OF COUNSEL
Standard:
The legal representation plan shall require that defense
services be provided to all clients in a professional, skilled
manner consistent wi th minimum standards set forth by the
American Bar Association, applicabale state bar association
standards, the Rules of Professional Conduct, case law and
applicable 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.
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STANDARD THREE
CASELOAD LIMITS AND TYPES OF CASES
Standard:
The contract or other employment agreement shall specify the
types of cases for which representation shall be provided and
the maximum number of cases whi ch may be accepted. The
caseload of public defense attorneys should allow each lawyer
to give each client the time and effort necessary to ensure
effective representation. Defender organizations should not
accept workloads that, by reason of thei r excessi ve si z e,
interfere with the rendering of quality representation.
Caseload limits should be determined by the number and type
of cases being accepted and on the local prosecutor's charging
and plea bargaining practices.
STANDARD FOUR
RESPONSIBILITY FOR INVESTIGATOR AND EXPERT WITNESS FEES
Standard:
Reasonable compensation for investigator and expert witnesses
necessary to preparation and presentatio~ of the defense case
shall be provided. Expert witness fees should be maintained
and allocated from funds separate from those provided for
def ender servi ces, inves t iga tor fees may be all oca t ed from
separate funds or provided for contractually,
STANDARD FIVE
ADMINISTRATIVE EXPENSES
standard:
Contracts for public defense services should include the
admini s t ra ti ve cos ts associ at ed wi th providing 1 ega 1
representation. These costs may include travel, telephones,
law library, financial accounting, case management systems,
the reporting requirements imposed by these standards, and
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other costs necessarily incurred in the day to day management
of the contract.
STANDARD SIX
RECORDS OF ATTORNEY ACTIVITY
standard:
Public defense attorneys shall maintain a case reporting and
management information system which includes the number and
type of cases and disposition of each case. Any such system
shall be maintained independently from client files so as to
disclose no privileged information and shall be made available
to the contracting authority.
On cases for which attorneys are paid an hourly rate,
at torneys shall submi t detai I ed records of the time and
expenses incurred with an approved voucher by which payment
is requested.
STANDARD SEVEN
TRAINING
Standard:
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,
STANDARD EIGHT
SUPERVISION
Standard:
Each agency or firm providing public defense services should
provide one full-time supervisor for every ten staff lawyers
or one half-time supervisor for every five lawyers.
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Supervisors should be chosen from among those lawyers in the
office qualified under these guidelines to try Class A
felonies.
STANDARD NINE
MONITORING AND EVALUATION OF ATTORNEYS
Standard:
Contracts for public defense services will be systematically
monitored and evaluated. Supervision and evaluation efforts
should include review of time and caseload records and
periodic conferences with the contracting authority.
STANDARD TEN
SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACTS
Standard:
The attorney engaged by local government to provide public
defense services should not sub-contract with another firm or
attorney to provide representation and should remain directly
involved in the provision of representation. If the contract
is with a firm or office, the contracting authority should
request the names and experience levels of those attorneys who
will actually be providing the services, to ensure they meet
minimum qualifications, The employment agreement shall
address the procedures for continuing representation of
clients upon the conclusion of the agreement.
STANDARD ELEVEN
LIMITATIONS ON PRIVATE PRACTICE OF CONTRACT ATTORNEYS
Standard:
New contracts for public defense attorneys with private
attorneys or firms may set limits on the number of private
cases which can be accepted by the contracting attorney. An
attorney or firm rendering indigent defense services shall not
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allow his/her private practice to diminish his/her ability to
represent indigent defendants.
STANDARD TWELVE
QUALIFICATIONS OF ATTORNEYS
Standard:
1, In order to assure that indigent accused receive the
effective assistance of counsel to which they are
constitutionally entitled, attorneys providing defense
services should meet the following minimum professional
qualifications:
a, Satisfy the minimum requirements for practicing law
in Washington as determined by the Washington Supreme
Court; and
b. Complete seven hours of continuing legal education
wi thin each cal endar year in courses re 1 a ling to thei r
public defense practice.
2,
Trial attorneys' qualifications according to severity or
type of case:
a. Death Penalty Representation. Each attorney acting
as lead counsel in a death penalty case shall meet the
following requirements:
(i)
The minimum requirements set forth in Section
1; and
(ii) at least five years criminal trial experience;
and
(iii) have prior experience as lead counsel in no
fewer than nine jury trials of serious and
complex cases which were tried to completion;
and
(iv) have served as lead or co-counsel in at least
one jury trial in which the death penalty was
sought; and
(v)
have completed at least one death penalty
defense seminar within the previous two years.
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b. Adult Felony Cases - Class A. Each staff attorney
representing a defendant accused of a Class A felony
as defined in RCW 9A.20.020 shall meet the following
requirements:
(i)
The minimum requirements set forth in Section
1, and
(ii) Either:
a. has served two years as a prosecutor; or
b. has served two years as a public defender;
or
c. 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.
c. 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 shall meet the following
requirements:
(i)
The minimum requirements set forth in Section
1, and
(ii) Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender;
and
c. 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.
d, Adult Felony Cases - All other Class B Felonies,
Class C Felonies, Probation or Parole Revocation.
Each staff 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,O20, or
involved in a probation or parole revocation hearing
shall meet the following requirements;
(i)
The minimum requirements set forth in Section
1, and
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(ii) Either:
a. has served one year as a prosecutor; or
b, has served one year as a public defender;
or
c. 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
(iii) Each attorney shall be accompanied at his or
her first felony trial by a supervisor.
e. Juvenile Cases - Class A. Each attorney representing
a juvenile accused of a class A felony shall meet the
following requirements:
(i)
The minimum requirements set forth in Section
1, and
(ii) Either:
a. has served one year as a prosecutor; or
b, has served one year as a public defender;
or
c. has been trial counsel alone of record in
five juvenile Class Band C felony trials;
and
(iii) Each attorney shall be accompanied at his or
her first juvenile trial by a supervisor.
f. Juvenile Cases - Classes Band C. Each attorney
representing a juvenile accused of a Class B or C
felony shall meet the following requirements:
(i)
The minimum requirements set forth in Section
1, and
(ii) Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender;
or
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c. has been trial counsel alone in five
misdemeanor cases brought to a final
resolution; and
(iii) Each attorney shall be accompanied at his or
her first juvenile trial by a supervisor.
g. Misdemeanor Cases. Each attorney representing a
defendant involved in a matter concerning a gross
misdemeanor or condition of confinement, shall meet
the requirements as outlined in Section 1.
h. Dependency Cases. Each attorney representing a
client in a dependency matter shall meet the
following requirements:
(i)
The minimum requirements as outlined in Section
1; and
(ii) Attorneys handling termination hearings shall
have six months dependency experience or have
significant experience in handling complex
litigation.
i. Civil Commitment Cases. Each attorney representing
a respondent shall meet the following requirements:
(i)
The minimum requirements set forth in Section
1; and
(ii) Each staff attorney shall be accompanied at his
or her first 90 or 180 day commitment hearing
by a supervisor; and
(iii) Shall not represent a respondent in a 90 or
180 day commitment hearing unless he or she has
either:
a. served one year as a prosecutor, or
b, served one year as a public defender, or
c, been trial counsel in five civil commitment
probable cause hearings.
j. In order to advance from one qualification category
to the next, an attorney must participate in a
supervised trial of the next higher category.
3.
Appellate Representation. Each attorney who is counsel
for a case on appeal to the Washington Supreme Court or
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to the Washington Court of Appeals shall meet the
following requirements:
a. The minimum requirements as outlined in Section 1; and
b. Either:
(i)
has filed a brief with the Washington Supreme
Court or any Washington Court of Appeals in at
1 east one criminal case wi thin the past two
years; or
(ii)
has equivalent appellate experience, including
filing appellate briefs in other jurisdictions,
at least one year as an appellate court or
federal court clerk, extensive trial level
briefing or other comparable work.
(iii) Attorneys with primary responsibility for
handling a death penalty appeal shall have
at least five years' criminal experience,
preferably including at least one homicide
trial and at least six appeals from felony
convictions.
4.
Legal Interns.
a. Legal interns must meet the requirements set out in
APR 9.
b. Legal interns shall receive training pursuant to APR
9 and Standard Nine, Training.
STANDARD THIRTEEN
NON-DISCRIMINATION
standard:
Nei ther the contracting authori ty, in its sel ection of an
attorney, firm or agency 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 contracting authority and the contractor
shall comply with all federal, state, and local
non-discrimination requirements,
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STANDARD FOURTEEN
GUIDELINES FOR AWARDING DEFENSE CONTRACTS
Standard:
The County will award contracts for public defense services
only after determining that the attorney or firm chosen can
meet accepted professional standards and the qualifications
outlined in Standard Twelve. Under no circumstances will a
contract be awarded on the basis of cost alone. Attorneys or
firms seeking contracts for public defense services must
demonstrate their ability to meet these standards.
County prosecutors and law enforcement officers shall not
select the attorneys who will provide indigent defense
services, nor shall they be involved in the negotiations of
contracts for at torneys who wi 11 provide indigent defense
services.
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Seattle Post-Intelligencer
December 24, 1990
Editorials
Cri:me prevention
legislative J11ust
The all-purpose adage "an
ounce of prevention is worth
. a pound of cure" applies
to crime, too, That's what the
Washin ton Council on Crime
an e Inquency is reminding
)egis)ators with its list of
priorities for the 1991 session.
In recent years, the
Legislature has spent $100 million
and worked to improve the
opposite end of the criminal
justice system, the part that
catches suspected criminals, tries
them and keeps the guilty ones
Jocked up. .
Council director Larry Fehr
notes that although the \VCCD
supported much of this "get
tough" legislation, adopted to
deal with ilJegal drugs, sex
offenders and burglary, it does not
believe that approach alone
wilJ serve to reduce crime rates
very much. Neither will more
jai Is and prisons.
Fehr reminded legislators
that there is "a growing body of
research that supports the cost-
effectiveness of crime-prevention
efforts, especially those that
strengthen families, schools and
neighborhoods, "
Abused and abandoned
children, runaways, dropouts,
streetkids, teen-age prostitutes
and drug addicts; the ever-
increasing number of violent
crimes comm itted by ever-
younger children - all are
evidence that the stable .
backgrounds that keep kids out
of trouble have been
disintegrating. .
. The council asks legislators
to invest in programs to help
these' at-risk children and their
families. It also wants more
school-based social, health and
recreation services.
And it calls for'a review of
the Juvenile Code and sentencing
standards, along with another
look at sentencing rules for adults
with a view to finding some
alternatives to incarceration.
The council has its priorities
in the proper order. Preventing
crimes saves money but, more
important, it can save the
otherwise tragically wasted
lives of victims and offenders
al ike.
Crime & Delinquency News
A Publication of The Washington Council on Crime & Delinquency
Page 3
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