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Home My WebLink AboutWORKSHOP re 2025 PAO Civil Division Workplan Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Mark McCauley,County Administrator FROM: James Kennedy,Prosecuting Attorney Philip C. Hunsucker, Chief Civil DPA Melissa Pleimann, Civil DPA Ariel Speser, Civil DPA DATE: January 21,2025 RE: Prosecuting Attorney's Office 2025 Civil Division Work Plan Presentation STATEMENT OF ISSUE: The Jefferson County Prosecuting Attorney's Office presents their 2025 Civil Division Work Plan. ANALYSIS: The Prosecuting Attorney would like to have a workshop with the BoCC to provide an overview of the department with a focus on the 2025 Civil Division Work Plan. A copy of the PowerPoint Presentation for the workshop is attached. FISCAL IMPACT: Other than the time spent during the workshop,no financial impacts of the workshop will be required. RECOMMENDATION: Conduct the workshop. DEPARTMENT CONTACT: Philip C. Hunsucker, Chief Civil DPA REVIEWED BY: Mark McCaul , County Administrator Date 1 EL 0) U O N o 0 O Cv O) U Q C p IZ i' a - C ,0 � � p U Z3 p i, co o °� E a) a CL -a Co O Q U _ Q LO U Q Q) O 7 CV Ilk :. 4 0 t• _�2�t - '� t _. 0.,l A. �y + + r_ All . / -•� Introductions a n Agenda tr` ~ January 21,2025 2 PAO's Statutory Duties, ' ' ' Organization & Criminal Division The Civil Division is the County's Law Firm Agenda �� Civil Litigation I� Significant PAO Civil Division Priorities for 2025 ON ffl f�l fi? ■ rosecut� n ttorn es r an �zat� on January 21,2025 4 �tly0 NChapter 36.27 RCW (Prosecuting Attorney) 4 .1. RCWs Title 36 Chapter 36.27 Complete Chapter HTPAL PDF Chapter 36.27 RCW PROSECUTING ATTORNEY Sections HTML PDF 36.27.005 Defined. HTML PDF 36.27.010 Eligibility to office. HTML PDF 36.27.020 Duties. HTML PDF 36.27.030 Disability of prosecuting attorney. HTML PDF 36.27.040 Appointment of deputies—Special and temporary deputies. HTML PDF 36.27,045 Employment of legal interns. HTML PDF 36.27.050 Special emoluments prohibited. HTML PDF 36.27.060 Private practice prohibited in certain counties—Deputy prosecutors. HTML PDF 36.27.070 Office at county seat. HTML PDF 36.27.100 Statewide drug prosecution assistance program—Created. HTML PDF 36.27.110 Statewide drug prosecution assistance program—Advisory committee—Selection of project director. HTML PDF 36.27.120 Statewide drug prosecution assistance program—Personnel—Review of assignments—Supervision of special deputies. HTML PDF 36.27.130 Felony resentencing. January 21, 2025 Authority of Prosecuting Attorneys RCW 36.27.005 Defined. Prosecuting attorne s are attorneys authorized by law to appear for and represent the state and the counties thereof in actions and proceedings before the courts and judicial officers. January 21,2025 �ZLON (C The Prosecutor Appoints All the Lawyers for the County RCW 36.27.040 Appointment of deputies—Special and temporary deputies. - • . - • . . .••. • - • iiiiipi- •-• • - il - •• - • - • • . • •• •- •111• -• • - • • - • . • - • -• - • • • • - Each deputy thus appointed shall have the same qualifications required of the prosecuting attorney, except that such deputy need not be a resident of the county in which he or she serves nor a qualified elector therein. Each deputy appointed must be a citizen of the United States or a lawful permanent resident. The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney and filed in the county auditor's office. Such special deputy prosecuting attorney shall be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he or she serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his or her deputies and may revoke appointments at will. Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any such deputy thus serving shall have the same power in all respects as if he or she were serving permanently. The provisions of chapter 39.34 RCW shall not apply to such agreements. The provisions of RCW 41.56.030(12) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office. Neither shall the provisions of RCW 41.56.030(12) require a prosecuting attorney to alter the at-will relationship established by this section. Januai i0 N 4 off. The Prosecutor Appoints All the Lawyers for the County I,Si1 N State ex rel. Banks v. Drummond, 187 wn.2d 157 (2016): Washington State Supreme Court held that county's board of commissioners did not possess statutory authority to appoint outside counsel over the objection of the able and willing prosecuting attorney to provide legal services to the county. • Under Revised Code of Washington (RCW) 36.32 .200, the board did not have the authority to freely hire outside counsel . • The statutes setting forth the board's general powers also did not authorize the hiring of outside counsel when the prosecuting attorney is available. January 21,2025 PAO iiiiiiiigillillilli Chart Will IIIIIIIIIIIIIIIIIIIIIIII lip Civil) Elected Prosecuting Attorney Oversees Both Criminal and Civil Chief Civil DPA Chief Criminal DPA Divisions Primarily Represents the StatelCity of PT in Criminal Matters Civil DPA III Civil DPA III Criminal DPA II Criminal DPA III (Felony) (Felony/Juvenile) Primarily Represents the County Civil Paralegal Child Support Superior Court Criminal DPA I Enforcement Officer Legal Assistant (District Court) Partially Grant Funded "DPA" means Deputy Front Desk/Legal District Court Prosecuting Attorney Technician Paralegal VictimlWitness Advocate 0 O cn I � O O • U • LO CV O (V a• t' ` co O s c cp 1 \� Clti Cr The Criminal Division of PAO for JeffersonCounty "IIINC;� We represent the State of Washington in all felony, misdemeanor, juvenile offender, and infractions prosecutions in Jefferson County, except for offenses which occur in the National Park. The Criminal Department reviews all felony, gross misdemeanor, and misdemeanor cases for legal sufficiency. Charges are then filed in either Superior or District courts. Through a ILA funded by the City of Port Townsend, we also handle City misdemeanor cases. First appearance and Phas- 7f Trials arraignment calendars Prosecution Advocating bail conditions Sentencing proceedings Search and arrest warrant Restitution hearings and appeals preparation Legal advice to law enforcement officers actively engaged in case investigation January 21,2025 i Criminal Division Responsibilities • The mission of this department is to protect people and protect property through just application of the criminal laws. • The department works closely with all federal, state, and municipal law enforcement agencies, other prosecutors' offices, the courts, and the private bar. • The department employs a team approach when charging and prosecuting criminal cases, which typically consists of a trial attorney, a legal assistant, and the services of the victim-witness coordinator. January 21,2025 auaq a�aiadoadda aye �a a6pn( au� �o uoi}ua}�a ay} o� �y6noaq aaa 6uioua}uas pua uoi�n�i�saa `�t}alas ao� suaaouoo aia aanssa pua `suai�oin ��a ao� �oa�uoo �aa�uao a aul . ao�auipaoo� saoinaaS uai�oi� a a a aaN 'Suil��ln d�au aM auaiao �o suai�oin �o spaau au} y�inn 6ui�aap uaynn saoi�oaad pauaao�ui auan�a} s�(o�duaa aoio uoissadu�oo pua suas saainba� . nna� �auiu�iao pua `aanpaooad of oo `aouapina `sau�iao 'S��npinlpUl �Cq S�� 6ui�a6i�sanui �o sauna auk �o a�pa�nnou�{ �a�iuu�a� saainba� �{aonn pazi�ai�ads si uoi�noasoad �auivaia� . ��UII,UIa� �0 UOISSII.Ul,UO� a�oynn a sa ��iunu�u�oo auk s�uasa�daa aoio aoi�sn( �o s�saaa�ui aye anaas �snua sao�noasoad . aanSUa aM sasodand uoisinia �auiu� ia� ,:,0 N Rights of • LS'111 NG>>- - Washington State Crime Victims' Rights Additional Child Victims' Rights • To access to medical assistance without unreasonable delay. • To have the case explained so that the child understands it. • To reasonable protection from harm or threats due to your cooperation • To have a victim advocate present at all interviews and court with law enforcement. proceedings. • To access to medical assistance without unreasonable delay. • To have an advocate with the child prior to and after court testimony. • To reasonable protection from harm or threats due to your cooperation • To not have names, addresses or photos disclosed to the public without with law enforcement. permission. • To be given court dates. • To have an advocate tell the prosecutor about the child's ability to • To be present in court during trial. cooperate with prosecution. • To testify as early as possible in a court hearing. • To have an advocate tell the prosecutor about the child's ability to • To a secure waiting area during court, understand court proceedings. • To make a victim impact statement to the Judge at sentencing. The • To have an advocate tell the prosecutor about the potential effect of the statement may be in person, in writing, or given by a representative. case on the child. • To be informed of the final disposition of the case. • To referrals for services that assist the child and/or their family with the • To have stolen or personal property returned as soon as possible. impact of the crime. • To have restitution ordered. • To give a child's parents/guardians the name, address, and phone • To present a statement at any hearing about a pardon or change of number of a local crime victim/witness program. sentence. • To have law enforcement interviews done by personnel trained to interview child victims. January 21,2025 ,-o N Examples of Crimes Prosecuted by the Criminal Division • Assault • Indecent Exposure • Rape • Attempt to Elude • Intimidating a Public Servant • Rape of a Child • Burglary • Intimidating/Tampering with a Witness • Reckless Endangerment • Child Molestation • Kidnapping • Reckless Driving • Custodial Assault • Littering • Residential Burglary • Cyber Harassment • Malicious Mischief • Resisting Arrest • Delivery/Manufacture of Controlled Substance • Minor in Possession • Robbery • Domestic Violence • Manslaughter • Stalking • DUI • Murder • Taking a Motor Vehicle without Permission • Driving without Driver's License • Negligent Driving • Theft, including Timber Theft • Failure to Register as a Sex Offender • No Valid Operator's License • Trip Permit Violations • Failure to Transfer Title • Obstructing a Law Enforcement Officer • Unlawful Hunting Big Game • Fishing Violations • Operating a Motor Vehicle without Ignition Interlock • Unlawful Imprisonment • Forgery • Physical Control • Unlawful Possession/Use of Controlled Substance • Fugitive from Justice • Possession of Child Pornography • Unlawful Possession/Use of Firearm • Harassment • Possession of Stolen Firearm • Unlawful Possession of Drug Paraphernalia • Hates Crimes • Possession of Stolen Property • Vehicular Assault/ Homicide • Hit and Run • Possession of Stolen Vehicle • Vehicle Prowling • Identity Theft • Providing Liquor to Minors • Violation of Protection Orders January 21, 202 Alternatives to Prosecution Diversion Programs herapeutic Courts Restorative Justice i;0 N Criminal 1- 1 •n: Committees and Staff Groups INc� °: • Behavioral Health Advisory Committee • Behavioral Health Consortium • Law Enforcement Assisted Diversion • REAL Team • Juvenile Offender Information Network • Multi-Disciplinary Team • Therapeutic Courts • CAC Advisory Committee • Community Coordinated Response Team • Olympic Peninsula Narcotics Enforcement Taskforce January 21,2025 The Civil Division is the aw i rm January 21,2025 18 Civil ff=Aofm 10 AMProsecuting Attorney (RCW 36.27.020) Legal adviser to the legislative authority Legal adviser to the county government Appear for and represent the county in civil actions Prosecute all civil actions in which the county may be a party Defend all suits brought against the county Outside of Civil Lawyers don't make policy Litigation , Civil decisions . Division lawyers are ��%��►�, �awyer's advice is without decision confidential must be making authority. protected from disclosure . Legal Advice Must be Kept Confidential Washington State i', i Officeof theftorney AGO 2017 No. 5 - Aug 3 2017: 1. Are the members of the governing body of a public agency prohibited b the Open Public Meetings Act from disclosing 9 9 Y p 9 Yp Y p g g information shared during executive sessions that are properly called under the Open Public Meetings Act? Brief Answer: Yes. Participants in an executive session have a duty under the OPMA to hold in confidence information that they obtain in the course of a properly convened executive session, but only if the information at issue is within the scope of the statutorily authorized purpose for which the executive session was called. 2. Are the members of the governing body of a public agency prohibited by the Code of Ethics for Municipal Officers from disclosing information shared during executive sessions that are properly called under the Open Public Meetings Act? Brief Answer: Yes, RCW 42.23.070(4) prohibits a municipal officer from disclosing confidential information learned in an executive session or otherwise using such information for personal gain. 3. If the law prohibits public officials from disclosing information exchanged during executive sessions, would a violation of that prohibition constitute a misdemeanor under RCW 42.20.100 and/or "official misconduct" under RCW 9A.80.010? Brief Answer: It is conceivable that facts could arise under which the disclosure of information learned in an executive session under the OPMA might constitute a misdemeanor under one or the other of the cited statutes. But such cases would be difficult to prove and should rarely arise. 4. Under what circumstances, if any, may the governing body of a public agency exclude an elected member from executive session because of concerns about confidential information? Brief Answer:A governing body may ask a court to enforce the confidentiality of an executive session through a writ of mandamus or injunction, pursuant to RCW 42,30.130. It is unlikely that a governing body would ordinarily have the authority to exclude one of its members from attending an executive session without such an injunction, but we do not rule out the possibility that some governing bodies may be authorized to do so pursuant to the statutes or local charters under which specific governing boards may operate. January 21,202 i i Legal Ad 1 January 21,2025 22 ,ON CThe PAO Civil Division is the Law Firm for Jefferson County 4 G� The Civil Division provides a wide range of legal advice to all elected officials, county offices an departments, and independent boards and commissions. Elected officials include the Assessor, Auditor, Clerk, County Commissioners, District Court Judges, Prosecutor, Sheriff, Superior Court Judges, and Treasurer Legislation Types lof ,l Risk Mitigation & • ' Litigation Avoidance Regulatory Compliance � ,% Human Resources All Contracts ° Open Government Elections January 21,2025 23 i • Risk Miti an I iga ion Prevention January 21 2025 24 (1 ) Legal Review of Legislation (2) Legal review of Contracts Risk Mitigation (3) Settlement of cases and disputes (4) Pre-defense to claims against elected, and Litigation officers, employees, and volunteers Prevention (5) Interface with Washington Counties Risk Pool (Hunsucker is the County's alternative director and is on the Executive Committee) Civil January 21. 2025 26 ° ti(1 ti Representation in Civil Litigation The Civil Division provides a wide range of legal advice to all elected officials, county offices an departments, and independent boards and commissions. Elected officials include the Assessor, Auditor, Clerk, County Commissioners, District Court Judges, Prosecutor, Sheriff, Superior Court Judges, and Treasurer Civil Rights & Significant -- ----- ' Discrimination Cases Personal Injury``� Contracts � Property Damages Land Use Public Records Act Code Compliance & Public Nuisance January 21, 2025 List of • . • • ' • by Division • Damages (civil rights, • Hearing Examiner Cases • Tax Foreclosure Actions contracts, discrimination) . Code Enforcement • Civil Forfeitures • Injunctions • Public Nuisance • Motions to Vacate • Writ of Review • Solid Waste Cases Convictions • Civil Litigation Appeal • Involuntary Treatment Act ' Relief from Duty to Register • Public Records Act as a Sex Offender Extreme Risk Protection • Land Use Petition Act Orders • Vehicle Impounds • Growth Management • Firearms Restoration • Dangerous Dog Hearings Board • Quiet Title Actions • Board of Tax Appeal January�1,tuzo 4 t, Child Support Enforcement • Statistics show that for families of children receiving child support, the child support is over 50 percent of the family's income. • The Civil Division has a contract with the state to enforce child support for Jefferson County. The county gets grant funds for our efforts. • The Civil Division runs an aggressive program for getting absent parents to comply with their court-ordered child support obligations—or face contempt of court proceedings. January 21,2025 • • SIGNIFICANT PAO CIVIL DIVISION PRIORITIES FOR 2025 ��"o c,f Significant PAO Civil Division Priorities for 2025 .: 1'5111 NGI�o OSS (Septic) Code Update - Legal Support for County (EPH) Priorities Priority Projects Pleasant Harbor MPR (DCD) Federal and State Court Litigation Sewer Ordinance & BoCC PriorityLegislation ILA with PUD (PW) g Land Use Codes (DCD) Changes in January 21,2025 SMP Comp Plan State Law James Kennedy, Prosecuting Attorney Thank you Philip C . Hunsucker, Chief Civil DPA Melissa Pleimann , Civil DPA Ariel Speser, Civil DPA RCW 42.30.110 Executive sessions. (1) Nothing contained in this chapter may be construed to prevent a governing body from holding an executive session during a regular or special meeting: (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence Executive to the agency. This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes Sessions of this subsection (1)(i), "potential litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency; January 21, 2025 33