ORD 12-729ORDINANCE NO. 12-729
AN ORDINANCE of the City of Federal Way, Washington, relating to
Public Defense Standards; amending Federal Way Revised Code
2.05.170 and 2.05.180. (Amending Ordinance Nos. 11-696, and 09-609)
WHEREAS, the City of Federal Way City Council adopted Public Defense Standards; and
WHEREAS, the Public Defense caseload was to be correlated with the number and types of
cases charged by the prosecutors; and
WHEREAS, the Washington State Supreme Court issued an order on June 15, 2012,
establishing a numeric caseioad for misdemeanors at four hundred per year; or three hundred per year
if the local government adopts and publishes the implementation of a numerical weighting system;
and
WHEREAS, the City Council finds it is in the best interest of the citizens to adopt a
numerical weighting system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 2.05.170 of the Federal Way Revised Code 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 ar expected to be used. Public defenders should not accept more cases than can be reasonably
managed, and case load limits °��are determined by the adopted case-wei�hting
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�g�ee�e�r�. 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. 12-729 Page 1 of 3
Section 2. Chapter 2.05.180 of the Federal Way Revised Code is hereby amended to read as
follows:
2.05.180 Reports of attorney activity and Certificates of Compliance.
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 a '� 'a'� '' '�' * *'� ^��^° ^�*'�° ^`'"''"'°*"^*^" �+''°
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ce��s. Any such system shall be maintained independently from client files so as not to disclose
confidential information. Each public defender shall si�n and submit a certificate of cor�pliance
with the Office of Public Defense as required.
Section 3. Severabilitv. 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, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. 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 errors, references, ordinance numbering, section/subsection numbers and any
referencesthereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby xatified and affirmed.
Ordinance No. 12-729 Page 2 of 3
Section 6. 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 2°d day of October, 2012.
CITY OF FEDERAL WAY
/ `�
MAYOR, S PRIEST
ATTEST:
r
C TY CLERK, CAR L MCN LLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICiA A. RICHARDSON
FILED WITH THE CITY CLERK: 9-11-2012
PASSED BY THE CITY COUNCIL: 10-2-2012
PUBLISHED: 10-5-2012
EFFECTIVE DATE: 11-5-2012
ORDINANCE NO.: 12-729
Ordinance No. 12-729 Page 3 of 3