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STATE OF WASHINGTON
County of Jefferson
In the Matter of Establishing a
Public Defense Improvement
Fund
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RESOLUTION NO. 03-07
WHEREAS, the State Legislature has recognized through landmark legislation
(HB 1542) that effective legal representation must be provided for indigent persons consistent
with the constitutional requirements of fairness, equal protection, and due process, and the Board
of County Commissioners of Jefferson County concur in this assessment; and,
WHEREAS, pursuant to Chapter 157 Washington Laws of2005, there is a need
to create a Public Defense Improvement Fund the purpose of which shall be to fund
improvement to public defense staffing, programs, or services as provided in accordance with
RCW 10.101.050 and the guidelines adopted by the State Office of Public Defense Advisory
Committee.
NOW, THEREFORE, BE IT RESOL VED, by the Board of County
Commissioners that it is in the best interest of Jefferson County that a fund be established to be
known as the Public Defense Improvement Fund number 142-000-010 by the Jefferson County
Treasurer and hereby directs the County Auditor to incorporate this new fund into the County's
accounting system as a special revenue fund and to disclose such Fund in the County's Annual
Financial Statements.
BE IT FURTHER RESOL VED, that the Board of Commissioners directs the
Treasurer to establish a Public Defense Improvement Fund in the Treasurer's financial system
and that the interest earned from the monies invested by the Jefferson County Treasurer from the
Public Defense Improvement Fund shall be deposited to the fund,
BE IT FURTHER RESOL VED, that the Public Defense Improvement Fund will
have an initial working capital reserve requirement of $0.00 (zero).
BE IT FINALLY RESOLVED, that these funds are provided to the County
through a grant from the State Office of Public Defense (OPD) and the annual application
process requires that the County demonstrate that it is meeting the public defense standards
referenced in 10.101.030 or that the funds received have been used to make appreciable,
03-07
Resolution No.
re: Establishing the Public Defense Improvement Fund
demonstrable improvements in the delivery of public defense services. The contractor providing
these services for the County shall provide an annual report which outlines the current services
provided that meet the standards of the RCW and any improvement in services in the areas
detailed in the OPD Guidelines. Such report shall be provided to the County by the end of July
each year.
" iY'C; ~'Pl!..ROVED AND SIGNED this 8th day of January, 2007.
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Clerk ofthe Board
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Internet Email: opd@opd.wa.gov
WASlIINGTON STATE
OFFICE OF PUBLIC DEFENSE
(360) 586-3164
FAX (360) 586-8165
October 31, 2006
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
The Honorable David W. Sullivan
The Honorable Phillip E. Johnson
The Honorable Pat M. Rodgers
Jefferson County Board of Commissioners
PO Box 1220
Port Townsend, W A 98368
Dear Commissioner Sullivan, Commissioner Johnson, and Commissioner Rodgers:
It is with great pleasure that the Washington State Office of Public Defense (OPD) is enclosing a
check in the amount of $13, 146,00 to Jefferson County. OPD is distributing checks to counties
throughout Washington as part of the landmark innovation in public defense funding established
by HB 1542. This funding is the result of the Legislature's support of the courts' Justice in
Jeopardy initiative and the efforts of the Washington State Association of Counties, the
Washington State Bar Association, and many other supporters of court improvement and public
defense.
RCW 10.101.050 requires that these funds be used to improve the delivery of public defense
services. The enclosed guidelines have been adopted by the OPD Advisory Committee to outline
funding uses authorized by the statute. The uses described in the Jefferson County application
appear to be in accord with these guidelines.
During the upcoming legislative session, OPD will be requesting that state funding to assist
counties in the provision of public defense services be increased from the current level of $3
million to $12.5 million per year. When counties apply next year for their share of the funding
appropriated for use in 2008, the statute requires that they demonstrate to OPD that the county is
either meeting the public defense standards referenced in RCW 10.101.030 or that the enclosed
funds have been used to make appreciable demonstrable improvements in the delivery of public
defense services.
711 South Capitol Way. Suite 106. P.O. Box 40957. Olympia, Washington 98504-0957
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WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
Funds disbursed to counties and cities pursuant to Chapter 10.101 RCW cannot be used
to supplant funds already being spent on public defense services, The funds must be
spent on improving the quality of legal representation directly received by indigent
defendants. The funds cannot be spent on purely administrative functions. Following are
guidelines regarding permitted use of state public defense funds.
State public defense funding under Chapter 10.101 RCW may be used in the
following ways:
a) Additional investigator services
b) Additional expert services
c) Creation of a public defense office
d) New quality monitoring by an attorney coordinator who can act as a legal
supervisor for the attorneys providing public defense (but non-attorney
administrative employees of the county are not an approved use of funds)
e) Computers or access to electronic legal research systems for public defenders
f) Increase in public defense attorney compensation
g) Provision of public defense services at first appearance calendars (or increase of
first appearance services if public defenders are already provided)
h) Addition of more attorneys to lower public defense caseloads
i) Addition of social worker services to assist public defense attorneys
j) Direct training costs to train public defense attorneys
k) Evaluations of defendants for sentencing options, such as drug evaluations,
SSOSA, DOSSA
1) Provision of internet connectivity (e.g. wireless) for public defense attorneys
m) Provision of interpreter services for attorney-client interviews and communication
(but in-court interpreter appointments required under Chapter 2.43 RCW are not
an approved use of funds)
State public defense funding under Chapter 10.101 RCW may not be used in the
following ways:
a) Supplanting county funds currently used for public defense services
b) Billing or other administrative costs incurred by the county in administering the
public defense program
c) Indigency screening
d) County or court technology systems or administrative equipment
e) County attorney time, including advice on public defense contracting
f) County costs in adopting ordinances or regulations