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Res 12-624RESOLUTION NO. 12-624 A RESOLUTION of the City Council of the City of Federal Way, Washington, Adopting a Case-Weighting System for Public Defense Standards. WHEREAS, the Washington Supreme Court issued an Order June 15, 2012 establishing numeric caseload standards for public defenders; and WHEREAS, Standard 3.3 provides that the City may implement a case-weighting system, provided the City Council adopts and publishes it; and WHEREAS, the case weighting system has been reviewed by public defense attorneys, municipal court judges, and representatives from the Office of Public Defense. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Case Weighting S s�em. The attached policy and numerical weighting of cases is adopted. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date Resolution No. 12-624 Page 1 of 14 of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 18t" day of September, 2012. CITY OF FEDERAL WAY MAYOR, S P PRIEST ATTEST: CITY CLERK, CAR L MCN ILLY, CMC : • • : • _ 1 . ��C�]��l:i�� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9/11/2012 PASSED BY THE CITY COITNCIL: 9/18/2012 RESOLUTION NO.: 12-624 Resolution No. 12-624 Page 2 of 14 CITY OF FEDERAL WAY PUBLIC DEFENSE STANDARDS October 1, 2012 Policy: Provide high quality public defense services by engaging experienced public defenders. Definition of a Case: A case is defined as the filing of a document, which may include multiple citations from the same incident, with the court naming a person as a defendant or respondent, to which an attorney is appointed in order to provide representation.' Defini�ion of Appointment. Appointment of a public defender is defined as assignment to represent a defendant as a result of indigent screening. The caseload for attorneys with less than five years misdemeanor andlor gross misdemeanor experience will be 300 weighted cases per year.Z (300 cases/year = 48 weeks {240 working days) = 6.25 cases/week = 5 days = 1.25 cases/day) The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor criminal experience increase caseload will be increased to a total of 450 weighted cases per year.3 (450 cases/yr = 48 weeks (240 working days) = 9.375 cases/week = 5 days = 1.875 cases/day) The caseload for attorneys with at least five years misdemeanor anii/or gross misdemeanor coupled with five years felony criminal experience will be increased to a total of 540 cases per year 4 (540 cases/yr = 48 weeks (240 working days) = 11.25 cases per week = 5 days = 2.25 cases/day) Policy.• Provide Public Defenders at the arraignment or first appearances even though the defendant has not been screened to determine qualifications for indigent defense. The Municipal Court of Federal Way has a daily in custody calendar, which includes amaignments/first appearances; and an out of custody arraignment calendar one day per week, which includes arraignments.5 Through contract negotiations the Primary Public I Standard 3.3 Definition of a case. 2 Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system. 3 Standard 3.3 Experience is a factor 4 Standard 3.3 Experience is a factor 5 CRLJ 3.1 Right to an attorney in all criminal proceedings Resolution No. 12-624 Page 3 of 14 Defense Firm serves as attorney of the day at all arraignments to provide information and counsel to all defendants even though they may not be appointed to defend them. As a result, the City recognizes the additional time, but will not count each matter as a case because it does not meet the definition of a case per the Supreme Court Order (i.e. the attorney has not been assigned to the case), and it could be an unconstitutional gift of public funds for those defendants who are not indigent: However, the City's calculation of cases under the weighting system identified below witl address the additional time at arraignment by counting it as five percent (5%) quarterly cases assigned for the entire firm to be divided.b Policy: The City will follow the guidelines of the Supreme Court Order and weight misdemeanar cases. Sti�ulated Orders of Continuance (SOC), Deferred Prosecution (DP), Deferred Sentence (DS), or other alternative disposition weighted 1/3.' Also, pursuant to the Supreme Court Order the City will count guilty pleas at arraignment as 1 case, because the Public Defender has been assigned the case.g Policy: The City will weigh Federal Way crimes as listed in the attached Exhibit A.9 The weighting was provided by the public defenders, reviewed by the Municipal Court Judges, and presented to Office of Public Defense representatives before implementation. In the event there are multiple charges for the same incident, the case will be weighted using the highest weighted charge as the total measure for that case. The case count for any case that proceeds to trial will convert to one and no longer count as a fraction. Policy: The City will continue to utilize alternatives and considers the review/probation hearings as part of an ongoing case.lo A review/probation hearing will only be counted as a case if the defendant was previously represented by a different public defense .firm.t� A review/probation hearing without a new criminal charge under this definition will count as 1/3 of a case.12 A review/probation hearing with a new criminal charge will remain as weighted at the time of the original assignment and the new charges will be weighted pursuant to Exhibit A, but only if the new charge is brought in Federal Way Municipal Court.13 6 Standard 3.3 Caseloads should factar in the type of cases and time involved � Standard 3.6 (B)(v) Stipulated Order of Continuance, Deferred Prosecution and Deferred Sentence can be weighted 1/3 8 Standard 3.5 Guilty pleas at arraignment count as one case 9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity 10 Standard 3.6 Cases may be weighted downwards � 1 Standard 3.6 Cases may be weighted downwards IZ Standard 3.3 Matters not involving a new criminal charge may be weighted 13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the complexity Resolution No. 12-624 Page 4 of 14 EXHIBIT A CHARGE FWRC WEIGHT ABANDOING OR DISCARDING 6.75.010 REFRIGERATION EQUIPMENT 2/3 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE 1 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE, 1 Domestic Violence ACTS PROHOBITED BY 12.15.330 � PAWNBROKERS AND SECONDHAND DEALERS 1 /2 ACTS PROHIBITED-TOBACCO 6.20.040 1/3 AGGRESSIVE BEGGING 635.030 1 AIMING OR DISCHARGE OF A' 6.25.010 FIREARM 1 AIRGUN — UNLAWFUL USE 6.25.020 1 ALLOWING A M1NOR TO FREQUENT 6.10.010 TRAVEN 1/3 ALLOWING UNAUTHORIZED PERSON 8.05.010 � TO DRIVE 1/3 ALTERED SERIAL NUMBERS ON 6.25.010 VEHICLE / WEAPON 1/2 ANIMAL CONTROL VIOLATIONS (City 9.18.100 Com, laint) 1 ANIMAL CRUELTY, Abuse 9.18A10 1 ANIMAL CRUELTY, Transporting or 6.75.030 Confinin 1 ASSAULT IN THE FOURTH DEGREE 6.35.010 1 ASSAULT IN THE FOURTH DEGREB, 6.35.010 Domestic Violence 1 ATTEMPTED THEFT 6.05.060 1/3 BARRATRY RCW 9.12.010 6.40.010 1/3 BAIL JUMPING 6.50.030 2/3 BOXING, MARTIAL ARTS, WRESTLING 6.55.025 2/3 BUYING,DEMANDING OR PROMISING REWARD TO PUBLIC OFFICIAL RCW 9.12.020 6.40.010 2/3 CAMPING IN THE PARK 4.05.160 1/3 CANCELLED LICENSE PLATE OR 8.05.010 REGISTRATION 1 /3 CARRYING A CONCEALED PISTOL 6.25.010 WITHOUT A LICENSE 2/3 Resolution No. 12-624 Page 5 of 14 CARRYING OR DISPLAY OF WEAPONS 6.25.010 RCW 9.41.270 1/3 COERCION 6.35.010 1 COERCION, Domestic Violence 6.35.010 1 COMMERCIAL LICENSE REQUIRED 8.05.010 1/3 COMMUNICATION WITH M1NOR FOR 6.45.080 IMMORAL PURPOSES 1 CONCESSIONS WITHOUT CONTRACT 4.05.180 1/2 CONSPIRACY 6.05.060 2/3 CONTEMPT OF COURT 6.05.050 2/3 CONTRIBUTING TO THE 6.20.020 DELINQUENCY OF A MINOR 1/2 CRIMINAL IMPERSONATION 1N THE FIRST DEGREE RCW 9A.60.040 6.40.010 1 CRIMINAL IMPERSONATION IN THE SECOND DEGREE 9A.60.045 6.40.010 1 CUSTODIAL INTERFERENCE 1N THE 6.35.050 SECOND DEGREE 1 CYBERSTALKING 6.3 5.010 1 DISORDERLY CONDUCT 6.55.010 1/3 DISORDERLY CONDUCT IN A CITY 6.55.055 PARK 1 /3 DISRUPTION OF SCHOOL ACTIVITIES 6.30.040 2/3 DRIVING UNDER THE 1NFLUENCE OF 8.05.010 INTOXICATING LIQUOR 1 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 1 i/2 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 2 1/2 DRIVING WHILE LICENSE SUSPENDED 8.05.010 OR REVOKED 3 1/3 DRIVING WITH ANOTHER STATE'S 8.05.010 LICENSE WHILE SUSPENDED IN WASHINGTON RCW 46.20.345 1/3 DRUG LOITERING 6.10.090 1/3 ELECTRONIC BENEFIT CARDS 6.40.010 1/3 RCW 74.08.580 ENCUMBERED, LEASED OR RENTED PERSONAL PROPERTY RCW 9.45.060 6.40.010 1/3 ESCAPE IN THE THIRD DEGREE 6.50.040 2/3 EXPOSING CHILDREN TO DOMESTIC 6.35.070(3) VIOLENCE 1 Resodution No. 12-624 Page 6 of 14 FAILING TO OBTAIN INITIAL 8.05.010 REGISTRATION 1 /3 FAILURE TO DISPERSE 6.55.020 1/3 FAILURE TO GIVE INFORMATION, RCW 8.05.010 46.61.020 1 /3 FAILURE TO OBEY POLICE OFFICERS, 8.05.010 FLAGMAN OR FIRE FIGHTERS 46.61.021 or .22 1 /2 FAILURE TO OBTAIN A TEMPORARY 12.25.010 and BUSINESS LICENSE 7.05.070 2/3 FAILURE TO OBTAIN LICENSE FOR 6.40.050 MASSAGE PRACTITIONERS 2/3 FAILURE TO OBTAIN REGISTRATION 8.05.010 1/3 FAILURE TO TRANSFER TITLE OVER 45 8.05.010 DAYS 1 /3 FALSE CERTIFICATION RCW 9A.60.050 6.40.010 1/3 FALSE EVIDENCE OF FINANCIAL 8.05.010 RESPONSIBILITY / 1NSURANCB CARD 1/3 FALSE REPORTING 6.50.030 1/3 FALSE STATEMENT TO A PUBLIC 6.50.030 SERVANT RCW 9A.76.175 1/3 FORGERY, NONFELONY 6.40.030 1 FRAUD 1N ASSIGMENT FOR BENEFIT OF CREDITORS RCW 9.45.100 6.40.010 1/2 FRAUD OPERATING COIN BOX IN TELEPHONE OR OTHER RECEPTACLE RCW 9.26A.120 6.40.010 1/3 FRAUDLENT POSSESSION, 8.05.010 ALTERATION, OR DISPLAY OF A LICENSE 46.20.092 1) 1/3 FRAUDULENT REMOVAL OF PROPERTY RCW 9.45.080 6.40.010 1/3 FURNISHING LIQUOR TO A M1NOR 6.10.020 2/3 GRAFFITI 6.30.020 1 GRAFFITI TOOLS 6.30.050 2/3 HARASSMENT 6.35.040 1 HARASSMENT, Domestic Violence RCW 6.35.040 9A.46.020 1 HARBORING A MINOR / RUNAWAY 6.20.010 1 HIT AND RUN, ATTENDED VEHICLE 8.05.010 RCW 46.52.020 1 HIT AND RUN, PROPERTY DAMAGE 8.05.010 RCW 46.52.010 2/3 HIT AND RUN, LTNATTENDED VEHICLE 8.05.010 2/3 HUFFING 6.10.070 1 Resolution No. 12-624 Page 7 of 14 IDENTITY THEFT — NON-FELONY 6.40.025 1 IMPERSONATION 6.40.010 1 IMPERSONATION — POLICE OFFICER 6.40.010 1 1NDECENT EXPOSURE TO A PERSON 6.45.020 OVER 14 1 1NDECENT EXPOSURE TO A PERSON 6.45.020 UNDER 14 1 INTERFERING WITH THE REPORTING 635.070 OF DOMESTIC VIOLENCE, Domestic Vioience 1 ID THEFT 6.40.025 1 INTIMIDATING SCHOOL EMPLOYEE 6.75.010 1 ISSUANCE OF CHECKS OR DRAFTS 6.30.010 1 KNOWLINGLY RECEIVING FRAUDULENT CONVEYANCE RCW 9.45.090 6.40.010 1 /3 LEAVING AN LJNLOCKED PISTOL IN A 6.25.010 VEHICLE 2/3 LEAVING CHILDERN UNATTENDED 1N 620.030 PARKED VEHICLE 1 LITTERING IN A PARK 4.05.330 1/3 LITTERING OVER ONE CUBIC FOOT 6.75.020 1/3 LITTERING OVER ONE CUBIC YARD 7.75.020 1/3 MAI�ING A FALSE STATEMENT TO A 6.50.030 PUBLIC SERVANT RCW 9A.76.175 1/3 MAKING OR HAVING BURGLAR TOOLS 6.30.030 2/3 MALICIOUS MISCHIEF IN THE THIRD 6.30.020 DEGREE 2/3 MALICIOUS MISCHIEF IN THE THIRD 6.30.020 DEGREE, Domestic Violence 1 MENACING 635.020 1 MANUFACTURE OR SALE OF SLUGS TO BE USED AS COINS RCW 9.26A.130 6.40.010 2/3 M1NOR ATTEMPTING TO PURCHASE 6.10.020 ALCOHOL 2/3 MINOR INTOXICATED IN PUBLIC 6.10.020 1/2 MINOR FREQUENTING TRAVEN 6.10.010 1/2 MINOR IN POSSESSION OF LIQUOR 6.10.020 RCW 66.44.270 2/3 MINOR MISREPRESENTING AGE 6.10.010 2/3 MINOR OPERATING VEHICLE AFTER 6.05.010 ALCOHOL CONSUMPTION ALCOHOL 1 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE 1 Resolution No. 12-624 Page 8 of 14 MISTREATMENT IN THE FOURTH 6.20.010 DEGREE, Domestic Violence 1 MISUSING OF DEALER PLATES 8.05.010 1/3 MOCK AUCTIONS RCW 9.45.070 6.40.010 1/3 NEGLIGENT DRIVING IN THE FIRST 8.05.010 DEGREE 1 NO VALID OPERATOR'S LICENSE 8.05.010 WITHOUT IDENTIFICATION 1 /3 OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3 OPERATING A VEHICLE WITHOUT 8.05.010 IGNITION INTERLOCK 1 /2 PARK AFTER HOURS (City Com laint) 4.05.060 1/3 PATRONIZING A PROSTITUTE 6.45.070 1/3 PARK FIRE 4.05.210 PERMITTING LJNUSED EQUIPMENT TO 19.05.340 REMAIN ON PREMISES 1 PHYSICAL CONTROL OF A MOTOR 6.15.010 VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATION (under 21 ears) 1 PHYSICAL CONTROL 6.15.010 1 PISTOL ALTERING 6.25.010 2/3 PISTOL WITHOUT PERMIT 6.25.010 2/3 PISTOL IN VEHICLE 6.25.010 2/3 POSSESSION OF A LEGEND DRUG 6.10.030 WITHOUT PRESCRIPTION 2/3 POSSESSION OF ANOTHER'S IDENTIFICATION RCW 9A.56.130 6.40.010 1/3 POSSESSION OF DANGEROUS WEAPON 6.25.010 1 POSSESSION OF DANGEROUS WEAPON 6.25.010 ON SCHOOL PROPERTY 1 POSSESSION OF DRUG 6.10.040 PARAPHERNALIA 1 /3 POSSESSION OF EPHREDINE, 6.10.030 PSEUDOPHREDINE, PHENYLPROPANOLAMINE 1 /3 POSSESSION OF FIREARM AT LIQUOR 6.25.030 SALE PREMISES City Com laint 1/3 POSSESSION OF MARIJUANA 6.10.030 1/3 Resolution No. 12-624 Page 9 of 14 POSSESSION OF PISTOL BY PERSON 6.25.010 AGE 18 TO 21 1/3 POSSESSION OF STOLEN ID 6.40.010 1/3 POSSESSION OF STOLEN PROPERTY IN 6.30.010 THE THIRD DEGREE 2/3 POSSESSION, USE AND DISCHARGE OF 12.55.070 FIREWORKS 1/2 PROSTITUTION 6.45.040 1/3 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 RACING 8.05.010 1 RECKLESS BURNING 1N THE SECOND 6.60.010 DEGREE 1 RECKLESS DRIVING RCW 46.61.500 8.05.010 1 RECKLESS ENDANGERMENT 6.35.010 1/3 RECKLESS ENDANGERMENT OF 8.05.010 ROADWAY WORKER 1/3 RECKLESS ENDANGERMBNT, Domestic 6.35.010 Violence 1 REFUSAL TO GIVE INFORMATION TO 8.05.010 OR COOPERATE WITH POLICE RCW 46.61.020 1 /2 RENDERiNG CRIMINAL ASSISTANCE 6.50.030 IN THE THIRD DEGREE 1/3 RENDERING CRIMINAL ASSISTANCE 6.50.030 IN THE SECOND DEGREE 1/2 RESISTING ARREST 6.50.030 2/3 RIDING 1N A PARK 1.10.010 4.05.040 4.05.340 1/3 RIOT 6.55.020 1 STALKING b.35.040 1 STRANGULATION, Domestic Violence 6.35.070 2) 1 SUSPENSION OF REGISTRATION RCW 8.OSA10 46.29.605 (Sus ended Plate) 1/3 TAKING , CONCEALING, OR INJURING 6.75.030 A PET ANIMAL 1 TAMPERING WITH EVIDENCE 6.50.030 1 TAMPERING WITH FIRE 6.60.020 1 TAX ON CIGARETTES 6.75.110 2/3 TELEPHONE HARASSMENT 6.35.010 1 TELEPHONE HARASSMENT, Domestic 6.35.010 Violence 1 THEFT IN THE THIRD DEGREE 6.30.010 1/3 Resolution No. 12-624 Page 10 of 14 THEFT IN THE THIRD DEGREE, Domestic 6.30.010 Violence 1 THEFT OF MOTOR VEHICLE FUEL 8.05.010 1/2 THEFT OF RENTAL PROPERTY 6.30.010 1/3 THEFT OF SHOPPING CART 6.30.010 1/3 THROWING OBJECTS AT CARS 6.75.050 1.10.010 1/2 TRANSFER TO MINOR OF 6.10.010 IDENTIFICATION CARD 1/3 TRESPASS (.70) 1=INSIDE BUILDING ; 6.30.030 .80) 2=0N PREMISES / PROPERTY 1/3 TRESPASS, Domestic Violence 6.30.030 1 UNAUTHORIZED CAMPING IN A PARK 4.05.160 4.05.040 1.10.010 1/3 LJNLAWFUL BUS CONDUCT b.75.010 1/3 LJNLAWFUL ISSUANCE OF CHECKS 6.3D.010 2/3 UNLAWFUL PRACTICES — OBTAINING ASSISTANCE — DISPOSAL OF REALTY RCW 74.08.331 6.40.010 1 UNLAWFUL USE OF DEALER PLATES 8.05.010 1/3 UNLAWFUL USE OF AIR GLJN 6.25.020 URINATING IN PUBLIC 6.45.090 1/3 VEHICLE PROWLING IN THE SECOND 6.30.030 DEGREE 1 /3 VEHICLE PROWLING TOOLS (City 6.30.060 Com laint) 1/3 VIOLATION OF ANIMAL CONTROL 6.30.060 REGULATIONS 1 VIOLATING A STAY OUT OF AREAS OF 6.42.110 PROSTITUTION ORDER 1/2 VIOLATION OF A CIVIL 6.35.060 ANTIHARASSMENT ORDER & KCSC VIOLATION OF ORDER FOR PROTECTION - AH 1 VIOLATION OF A CIVIL 6.35.060 ANTIHARASSMENT ORDER, Domestic Violence 1 VIOLATION OF A NO CONTACT 6.35.040 ORDER, Domestic Violence 1 VIOLATION OF A NOTICE AND ORDER 1.15.040 TO CORRECT 1 * VIOLATION OF A PROTECTION ORDER, 6.35.060 Domestic Violence 1 VIOLATION OF A RESTRAINING 6.35.070 Resolution No. 12-624 Page 11 of 14 ORDER 1 VIOLATION OF A RESTRAINING 6.35.070 ORDER, Domestic violence 1 VIOLATION OF A VOLUNTARY 1.15.050 CORRECTION AGREEMENT 1 * VIOLATION OF AN ORDER TO CEASE 1.15.030 ACTIVITY 1 * VIOLATION OF LICENSE FOR 12.40.070 BATHHOUSE ATTENDANTS 1 * VIOLATION OF OCCUPATIONAL 8.05.010 DRIVER'S LICENSE 1/3 VIOLATION OF STANDARDS OF 12.10.220 CONDUCT 1 VIOLATION OF THE HOUSING CODE 1.10.010 13.05.070 13.35.010 1 * VIOLATION OF VEHICLE TRIP PERMIT 8.05.010 1/3 VIOLATION OF ZONING CODE 19.05.340 1* WEAPONS 1N COURT 6.25.040 2/3 WEAPONS IN PROHIBITED AREA 6.25.040 2/3 WEAPONS IN SCHOOL 6.25.010 1 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 Any and all misdemeanors not listed above 1/3 Any and all gross misdemeanors not listed above 1 /2 The case count for any case that proceeds to trial will convert to one and no longer count as a fraction. *Zoning violations. Defendant will not likely qualify for a public defender. Resolution No. 12-624 Page 12 of 14 ��'P LI�'�TI�I'� ?t�B:r Cr�,�� T�r#� � �`�� 333� �. �'� � d�� anv s��a�c�c� aaf �r�6� c�r�s� �t: �rrrr��nr��. I"� s d� �s p�a ��r �S��n� ��t��e� v��€ver c�s�zn�� ntl � f� � � . �ft 1� �;s �� stv��f �� -t�i, '?. �r`s that �na� � �ct�t�� t�a in��i�rtss �t �g��t a�d �crt �a;�� tbli�e d��n�r j�t�, �. I��I.� 3� �. �`�i�s� t� 1'r��sf�r'1'itt� wi�har� �5 �d�> cy �al� � �iey � p�zi�� af%r �. 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