ORD 11-696ORDINANCE NO. 11-696
AN ORDINANCE of the City of Federal Way, Washington, relating to
public defense; amending sections of Chapter 2.05 FWRC. (Amending
Ordinance Nos. 10-666 and 09-609.)
WHEREAS, Federal Way Revised Code ("FWRC") Chapter 2.05, Article III, "Public
Defense," sets forth the standards for the delivery of public defense services in the City of Federal
Way; and
WHEREAS, the Washington State Supreme Court is in the process of adopting standards for
public defense services that require a more defined case load limit; and
WHEREAS, the City's public defense case load limits contained in FWRC 2.05.170 are not
clearly defined; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
update FWRC 2.05.170 to include case load limits that are more clearly defined;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section l. FWRC 2.05170 is hereby amended to read as follows:
2.05.170 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- and case load limits should be determined by the number and
types of cases beinq accepted for charqinq bv the City Prosecutor's Office. For purposes of this
section, "case" shall be as defined bv the most current Public Defender Services Aqreement.
Private attorneys who provide public defense services as a portion of their practice should
dedicate a sufficient amount of time to their public defense caseload based on the percentage of
a full-time caseload which the public defense cases represent.
Ordinance No. 11-696 Page 1 of 3
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 Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, ar portion thereof, irrespective of the fact that any one 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 not limited to, the correction of
scrivener/clerical errars, 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 of the City of Federal Way this 2nd day of August, 2011.
CITY OF FEDERAL WAY
MAYOR, S PRIEST
Ordinance No. 11-696 Page 2 of 3
ATTEST:
.
CITY CLERK, CAROL CNEIL , CMC
APPROVED AS TO FORM:
�%'�vl.v
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
7-12-2011
8-2-2011
8-6-2011
9-5-2011
11-696
Orclinance No. I 1-696 Page 3 of 3