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Home My WebLink AboutORD 5567CITY OF RENTON, WASHINGTON ORDINANCE NO. 5567 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, EXECUTIVE DEPARTMENT, OF TITLE III (DEPARTMENTS AND OFFICERS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW SECTION 7, ENTITLED "PUBLIC DEFENSE SERVICE STANDARDS" TO ADD REGULATIONS RELATING TO PUBLIC DEFENSE SERVICES CONTRACTED BY THE CITY OF RENTON FOR RENTON MUNICIPAL COURT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Executive Department, of Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new section 7, entitled "Public Defense Service Standards", as follows: 3-1-7 PUBLIC DEFENSE SERVICE STANDARDS: AJ. Service Delivery: The executive branch will have exclusive oversight of the provision of public defense services. The City will provide for indigent defense through contracting with public defense counsel ("counsel") in keeping with RCW 10.101.030, within the terms of such individual contracts. B^ Duties and Responsibilities of Counsel: Counsel shall follow the duties and responsibilities set forth in the individual contract. Among other things, all public defense services shall be provided to all clients in a manner which meets or exceeds the standards set forth by the Rules of Professional Conduct, the Washington State Bar Association, case law and applicable court rules. These ORDINANCE NO. 5567 case duties and responsibilities include, but are not limited to, a thorough investigation of the facts; research of relevant law: communication with each client about the known facts: applicable law and local court rules, possible and likely disposition or verdict, scheduling, and hearing and/or trial preparation: appropriate motion practice; and vigorous representation of the client. In addition to the standards provided in this section, counsel shall be required to comply with such additional provisions established in the individual contract including maintenance of professional liability insurance. Finally, public defense services should only be provided to those persons who meet the criteria set forth in RCW 10.101.010(1) or (2). If a public defense service provider is appointed to a person who does not meet these criteria, the public defense service provider must immediately bring this to the attention of the court and the executive branch designee. C. Qualifications of Counsel: Counsel shall be licensed to practice law in the State of Washington, be members in good standing of the Washington State Bar Association, comply with all applicable rules relating to the practice of law that have been and will be promulgated by the Washington State Supreme Court and be capable of performing all necessary duties stated in the individual contract- Counsel shall have the requisite skill to perform each of the required duties and responsibilities. Legal interns employed by counsel shall meet the requirements set out in Admission to Practice Rule 9. ORDINANCE NO. 5567 [X Training, Supervision, Monitoring, and Evaluation: The training, supervision, and monitoring of counsel and staff shall be the sole responsibility of counsel, except as provided in the individual contract. Evaluation of counsel shall be as provided in the individual contract. All training and supervision shall conform to the standards set by the Rules of Professional Conduct, the Washington State Bar Association, case law and applicable court rules- Consistent with RCW 10.101, attorneys providing public defense services must attend training approved by the Office of Public Defense at least once per calendar year. L Disposition of Client Complaints: A method to respond promptly to client complaints shall be established in the individual contract. Generally, counsel should immediately respond to the complaint, and if the complaint is still not resolved, the individual contract shall specify to whom the complaint shall be forwarded in the Executive Department. R Compensation: Compensation of counsel shall be established through negotiation of an individual contract for public defense services, and determined generally by number of cases appointed. However, through negotiation there can be compensation that includes base monthly compensation, so long as the average per case compensation is in accordance with RCW 10.101.030 and comparable with surrounding jurisdictions of like services and time. In determining compensation, Renton shall consider counsel's training, experience, general court practices, including but not limited to the ability of counsel to ORDINANCE NO. 5567 withdraw upon disposition or other circumstance, nature of plea bargaining practices of the City of Renton's Prosecutor, experience and the nature and extent of services requested, court calendaring, in court time, and time and labor required of the attorneys undertaking the defender services. Services that require extraordinary fees such as investigation, expert witness services, support or other services, will be separate and distinct from per case compensation or base compensation and defined in the individual contract. G. Case Load Limits and Types of Cases: The types of cases for which representation is to be provided and maximum recommended number of cases which each attorney shall be expected to handle shall be established by the individual contract. Attorney caseloads shall allow counsel to give each client the time and effort necessary to provide effective representation. Case load recommended limits should be determined by the number and type of cases being accepted, the years of experience of the attorney, the years of City experience the attorney may have, the court's general practices with regard to acceptance of pleas and withdraw of counsel. As noted above, public defense services should only be provided to those persons who meet the criteria set forth in RCW 10.101.010(1) or (2). H. Administrative and Client Support Services: Administrative costs of providing representation and necessarily incurred in the day-to-day management of the individual contract shall be addressed in the individual contract. Renton will make available a meeting space for client appointments ORDINANCE NO. 5567 close to the Court. Counsel shall staff his/her office with an appropriate number of support staff and other support services and maintain contacts with social service agencies in order to refer clients to services as needed. L Reporting Procedures: Counsel shall maintain records consistent with RCW 10.101.030 and 10.101.050. Counsel case reporting and management information shall be maintained independently from client files in order to not disclose any privileged information. All reports shall be directed to Executive Branch or its designee. All records pertaining to expenses and billing shall conform to generally accepted accounting principles. L Substitution of Counsel and Assignment of Contracts: No substitution of counsel for any appointed case will be approved without prior notification to the appropriate court. Counsel shall not assign or subcontract any portion of the individual contract without the consent of Renton. K. Limitations on Private Practice: Counsel shall only maintain a private practice as the individual contract specifically allows, and may not interfere with the performance of duties outlined in the individual contract. L Termination of Contract or removal of Counsel: The termination of an individual contract for public defense services will be determined by the provisions set forth in the individual contract. Removal of counsel from representation by the court normally should not occur over the objection of both counsel and the client. ORDINANCE NO. 5567 M. Prohibition of Discrimination: With respect to all matters regarding public defense services, there shall be no unlawful discrimination against any person because of race, color, creed, gender, national origin, physical or mental disability or sexual orientation. The City of Renton and counsel shall comply with and ensure compliance with Title VI of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 and all requirements imposed by or pursuant to regulations of the United States Department of Justice or United States Equal Employment Opportunity Commission issued pursuant to those titles. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 25th day of October , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 25th day of October , 2010. fplll^ A#v Denis Law, Mayor Approveg|J3s to form: Lawrence J. Warren, City Attorney Date of Publication: 10/29/2010 (summary) ORD:1667:9/23/10:scr