To ensure that indigent criminal defendants receive high-quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel, the city hereby adopts the following standards for such services, hereafter known as the "legal representation plan."
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
Public defense services shall be provided to all clients in a professional, skilled manner consistent with the minimum standards set forth by the American Bar Association, the Washington State Bar Association, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. The public defender's primary and most fundamental responsibility is to promote and protect the interests of the client.
Public defense shall be provided to indigent clients whose eligibility has been determined through an established screening process.
All public defenders providing services by contract shall quarterly certify their compliance with the standards for indigent defense by filing a certification of compliance as required by CrR 3.1, CrRLJ 3.1, and JuCR 9.2. Such forms shall be filed with the city's municipal court. Copies of each public defender's certification shall be available to the city on request.
Nondiscrimination. The public defender shall comply with all federal, state and local nondiscrimination laws or ordinances. The duty of nondiscrimination relates not only to the provision of services by the public defender to the clients, but also with respect to the hiring and employment practices of the public defender contractor.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The caseload negotiated with the city's public defender(s) must allow each client the time and effort necessary to ensure effective representation. The public defender shall comply with all caseload limitations imposed pursuant to the Court Rule and adopted Standards of the Washington State Supreme Court.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The city's public defender(s) compensation shall be established through negotiation of contract for defender services. The compensation package should reflect the customary compensation of the community for similar services rendered by other publicly paid attorneys to a public client. The city shall consider training, experience, and the nature and extent of services requested and the time and labor required of the attorney undertaking defender services. Services which require extraordinary fees should be defined in the contract.
The public defender shall warrant that the compensation provided is sufficient to provide adequately for the training, administrative and staff services, and infrastructure required by these standards, Court Rule and the state and federal constitutions.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
Contracts for services and proposals submitted in pursuit of such contracts shall require the public defender to provide for or include adequate administrative support, including but not limited to:
(1) 
Travel, telephones, law library and/or electronic research capabilities, financial accounting, case management systems, computers, word processing equipment and software, office space and supplies. Proposals for contracts shall be evaluated to address the training of attorneys and staff (see LMC § 2.19.040) and provide for adequate staffing and other costs associated with the day-to-day management of a law office.
(2) 
Private offices and/or conference rooms shall be available which allow the maintenance of confidentiality. A telephone system, Internet access and postal address shall be provided by the public defender.
(3) 
The public defender shall provide for adequate staffing under the contract. An adequate staff includes the provision for investigative services, legal assistance, accounting services, case management services and/or programs and access, when needed, to the services of a social worker, mental health professional and translator.
(Ord. 3269 § 1, 2014)
(1) 
Expert Witnesses. Reasonable compensation for expert witnesses necessary to preparation and presentation of the defense case shall be provided. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees under Court Rule 3.1(f) should be made through an ex parte motion. The defense should be free to retain the expert of its choosing and in no cases should be required to select experts from a list pre-approved by either the court or the prosecution.
(2) 
Administrative. Contracts for public defense services should include the administrative costs associated with providing legal representation. These costs may include travel, telephones, law library, financial accounting, case management systems, the reporting requirements imposed by these standards and other costs necessarily incurred in the day-to-day management of the contract.
(3) 
Services. Contracts for public defender services should include the support services associated with legal representation, including, but not limited to, secretarial and office support, paralegals, mental health services, social services, and investigators.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The legal representation plan shall require that the defense attorney or office maintain a case reporting and management information system which includes number and type of cases, attorney hours and disposition. This information shall be provided regularly to the city and shall also be made available to the office of the administrator of the courts upon request. Any such system shall be maintained independently from client files so as to disclose no privileged information.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
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 his/her public defense practice. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The legal representation plan shall include a case reporting system and information management system. Such systems shall have the capability to provide periodic reports to the city regarding the caseloads generated under the contract for each attorney and intern providing services under the contract, case disposition and history.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The attorney engaged by the city to provide public defense services should not subcontract 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 city should request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. The contract should address the procedures for continuing representation of clients upon the conclusion of the agreement.
In the event of conflict or removal of the public defender, conflict counsel shall be available, either through a joint contract with the public defender and conflict counsel, by separate contract with conflict counsel or by court appointment. In the event that alternative or conflict counsel is required to be assigned, the public defender shall bear no part of the costs associated with the appointment of an alternative or conflict counsel. The contract should address the procedures for continuing representation of clients upon conclusion of the agreement.
Conflict counsel shall adhere to the standards established by this chapter, including but not limited to an evaluation of the overall case count annually by conflict counsel under the procedures set forth in the agreement.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
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 minimums:
(1) 
Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and
(2) 
Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The legal representation plan shall include a method to respond promptly to client complaints. Complaints should first be directed to the attorney, firm or agency which provided representation. If the client feels that he or she has not received an adequate response, the city shall designate a person or agency to evaluate the legitimacy of complaints and to follow up meritorious ones. The complaining client should be informed as to the disposition of his or her complaint within one week. Nothing herein shall bar a client from also filing a complaint with the Washington State Bar Association.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
Contracts for defense services shall include the grounds for termination of the contract by the parties. Termination of any attorney's contract should only be for good cause. Good cause shall include the failure of the attorney to render adequate representation to clients, the willful disregard of the rights and best interests of the client and the willful disregard of the standards herein addressed.
Termination may also occur for violation of the express terms of the contract; provided, however, that the public defender shall be provided reasonable opportunity, following notice, to cure any technical contract violations that do not impair the provision of quality representation to the indigent client.
Removal by the court of counsel from representation normally should not occur over the objection of the attorney and the client.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
Neither the city, in its selection 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 city and the contractor shall comply with all federal, state and local nondiscrimination requirements.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
The city should award contracts for public defense services only after determining that the attorney or firm chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards.
(Ord. 3055 § 1, 2008; Ord. 3269 § 1, 2014)
As the rules established by the Washington State Supreme Court are applied and interpreted by the courts and, when appropriate, the Bar Association and other administrative agencies, the city states its intent to review and modify these standards.
(Ord. 3269 § 1, 2014)