ORD 09-609
ORDINANCE NO. 09-609
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ESTABLISHING STANDARDS FOR
PUBLIC DEFENSE, ADDING A NEW CHAPTER TO THE FEDERAL
WAY REVISED CODE.
WHEREAS, RCW 10.101.030 requires the City of Federal Way ("City") to adopt
standards for the delivery of public defense services; and
WHEREAS, the City desires to adopt public defense service standards which reflect the
needs of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. A new chapter is added to Title 2, ofthe Federal Way Revised Code to read as .
follows:
2.38.020 Standards for Public Defense
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 adopts the standards in this chapter for the delivery of
public defense services.
2.38.030 Definitions.
"Public defender" means an attorney l'roviding indigent public defense services.
"Public defense" means legal representation of indigent defendants in criminal cases.
2.38.040 Professional practices and Qualifications.
Public defenders shall have the requisite training, skill, and experience necessary to provide
public defense services: shall be appropriately accredited and licensed bv all applicable agencies
and governmental entities: shall satisfy the minimum requirements for practicing law in
Washington as determined by the Washington Supreme Court: should be familiar with the law
and practice relevant to their practice area: should be familiar with the consequences of a
conviction: and should follow these standards. Legal interns working for a public defender must
meet the requirements set out by the State Bar Association and be properly supervised by a
public defender. Public defense services shall be provided to all clients in a professional. skilled
manner in a manner consistent with the accepted professional practices for other similar services
within the Puget Sound region and consistent with the Rules of Professional Conduct. case law.
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and applicable court rules defining the duties of counsel and the rights of defendants in criminal
cases. Public defenders shall maintain appropriate malpractice insurance policies. A public
defender's primary and most fundamental responsibility is to promote and protect the best
interests of the client.
2.38.050 Compensation.
Public defender compensation shall normally be established through the negotiation of
contracts for public defense services. The total compensation package shall be at a reasonable
level given the customary compensation within the community for similar services rendered by
other publicly paid attorneys to a public client. The total compensation package should take into
consideration the public defender's training and experience. the nature and extent of services
requested. as well as the time and labor required of the attorney undertaking the services. The
total compensation package should take into consideration the following costs and expenditures
where they are related to public defense: possible appeal costs: post-conviction costs: reasonable
expert witnesses necessary to preparation and presentation of a case: reasonable investigator
expenses necessary to preparation and presentation of a case: administrative costs: support
services: possible extraordinary costs; and other reasonable, customary. and actual expenses that
are incurred in performing non-routine public defense services. Attornevs who have a conflict of
interest should not have to compensate any substituted attorney out of their own funds.
2.38.060 Caseload.
Caseloads anticipated in a contract for public defender services should allow each client the
time and effort necessary to ensure effective representation. Anticipated caseloads should take
into account both the number and types of cases anticipated. charging practices. plea bargaining
practices. and case handling practices including diversions and other administrative procedures
in use or expected to be used. Public defenders should not accept more cases than can be
reasonably managed. Private attorneys who provide public defense services as a portion of their
practice should dedicate a sufficient amount oftime to their public defense caseload based on the
percentage of a full-time caseload which the public defense cases represent.
2.38.070 Reports of attorney activity.
Public defenders should maintain a case reporting and management information system
which includes number of cases and any hours billed. costs. or expenses. This information
should be provided regularly to the City and should be available to the Office of the
Administrator of the Courts. Any such system shall be maintained independently from client files
so as not to disclose confidential information.
2.38.080 Supervision and trainin2:.
Public defenders should attend training approved by the office of public defense at least once
per calendar year. including a minimum of seven hours of continuing legal education annually in
areas relating to their public defense practice. Every public defender should have the opportunity
to attend courses that foster trial advocacy skills and to review professional publications and
tapes. The performance of public defenders should be monitored and evaluated based upon
compliance with these standards. Supervision and evaluation efforts should include relevant
information and contacts.
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2.38.090 Disposition of client complaints.
Each agency. firm. or individual attorney providing public defense services shall have a
method to respond promptly to client complaints. Complaints should first be directed to the
attorney. firm. or agency which provided representation. The complaining client should be
informed as to the disposition of his or her complaint within one week if an investigation is
concluded. If additional attention to an issue is required a complaint may be made to an official
body with jurisdiction over the matter or to the City's contract administrator to evaluate the
legitimacy ofthe complaint and to follow up on any meritorious ones.
2.38.100 Substitution of attorneys or assi2nment of contracts.
A public defender should not sub-contract with another firm or attorney to provide
representation without ensuring that any attorney providing public defender services comply
with these standards. A firm or office providing public defense services should provide the
names and experience levels of those attorneys who will actually be providing the services to the
City. The employment agreement should address the procedures for continuing representation of
clients upon the conclusion of the agreement. Alternate or conflict counsel should be available
for substitution in conflict situations at no cost to the counsel declaring the conflict. Public
defenders should maintain a written policy explaining how a conflict of interest is defined. and
identify conflicts as quickly as possible.
2.38.110 Public Defense Contracts.
(1) The City should award new contracts for public defense services only after determining
that the attorney or firm chosen can meet accepted standards. Under no circumstances should a
contract be awarded on the basis of cost alone. At least one attorney in a firm bidding for a
public defense contract should have at least one year of trial experience. Attornevs or firms
bidding for contracts must demonstrate their ability to meet these standards. The City Attorney
should not select the attorneys who will provide public defense services.
(2) 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. gender. sexual orientation or disability. Both the City and the public defender shall
comply with all federal. state, and local non-discrimination reauirements.
(3) Contracts for public defense services shall include grounds for termination of the contract
by the parties. Termination of a provider's contract should only be for good cause. Good cause
includes the failure of an attorney to render adequate representation to clients; the willful
disregard of the rights and best interests of a client; and the willful disregard ofthese standards.
SECTION 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
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Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this 7 day of April, 2009.
CITY OF FEDERAL WAY
ATTEST:
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APPROVED AS TO FORM:
r~/!r~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: March 10, 2009
PASSED BY THE CITY COUNCIL: April 7, 2009
PUBLISHED: April 11, 2009
EFFECTIVE DATE: May 11,2009
ORDINANCE NO.: 09-609
Ordinance No. 09-609
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