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RESOLUTION NO. 2 0 1 4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ADOPTING A POLICY OF STANDARDS FOR PUBLIC DEFENSE
AS REQUIRED BY LAW.
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WHEREAS, the State legislature passed a law in 1989,
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requiring cities to adopt standards for the delivery of
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public defense services; and
WHEREAS, the law specifies the standards to be included;
and
WHEREAS, the City of Auburn must adopt public defense
standards as required by law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
section 1. PURPOSE. The purpose of the Resolution is
to adopt a policy of standards for public defense for the
City of Auburn. Second substitute Senate Bill No. 5960,
Chapter 409, Laws of 1989, Section 4, mandates that cities
adopt standards for public defense.
section 2. STANDARDS. The City of Auburn hereby adopts
the Standards for Public Services, attached to this
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Resolution No. 2014
Page 1
November 17, 1989
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Resolution, designated Exhibit A and incorporated by
reference.
section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
DATED and SIGNED this )3¿Æ~ay of ~/4df/rJJit1 /, 1989.
CITY OF AUBURN
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MAYOR
ATTEST:
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Robin WOhlhueter, City Clerk
APPROVED AS TO FORM:
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Marguerl e Schellentrager,
city Attorney
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Resolution No. 2014
Page 2
November 17, 1989
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CITY OF AUBURN
STANDARDS FOR PUBLIC DEFENSE
1. COMPENSATION OF COUNSEL
Public defense counsel should be compensated at a rate
commensurate with their training and experience.
2. DUTIES AND RESPONSIBILITIES OF COUNSEL
In order to assure that indigent accused receive the
effective assistance of counsel to which they are
constitutionally entitled, public defense attorneys
shall represent their clients in accordance with the
Rules of Professional Conduct.
3. CASE LOAD LIMITS AND TYPES OF CASES
Case load of the public defense attorneys should allow
each lawyer to give his or her client the time and
effort necessary to ensure effective representation.
4. RESPONSIBILITY FOR EXPERT WITNESS FEES AND OTHER COSTS
ASSOCIATED WITH REPRESENTATION
Fees for expert witnesses and other costs associated
with representation shall be governed by applicable
statutes and court rules. Such costs include
breathalyzerjBAC machine expert witnesses and costs of
blood-alcohol tests.
5. ADMINISTRATIVE EXPENSES AND SUPPORT SERVICES
Staff for provision of administration and support
services should be compensated at a rate commensurate
with their training and experience. Adequate numbers
of support staff should be employed by the pUblic
defense attorneys to ensure effective representation of
counsel.
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STANDARDS FOR PUBLIC DEFENSE
Resolution No. 2014 (L:\SPD)
December 15, 1989
Page 1
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6. REPORTS OF ATTORNEY ACTIVITY AND VOUCHERS
The defense attorney or his or her firm shall submit
monthly vouchers to the city for payment. In addition,
a monthly report should also be submitted listing all
cases assigned for the previous month.
7. TRAINING. SUPERVISION. MONITORING AND EVALUATION OF
ATTORNEYS
All attorneys providing public defense services should
participate in regular training programs on criminal
defense law, including a minimum of seven (7) hours of
continuing legal education on criminal law and trial
practice. Law firms that provide public defense
services shall develop and use internal supervision,
monitoring and evaluation standards including a
procedure to educate public defense attorneys on the
rules, procedures and practice of the courts before
which they appear.
8. SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACT
The law firm or attorney providing public defense
services shall not subcontract with another firm or
attorney to provide representation without the prior
written consent of the City and should remain directly
involved in the provision of representation. The Court
shall assign a qualified attorney to represent indigent
defendants whenever the public defense attorneys have a
conflict of interest as determined by the Rules of
Professional Conduct.
9. LIMITATIONS ON PRIVATE PRACTICE OF CONTRACT ATTORNEYS
Attorneys who provide public defense services shall
limit any private practice responsibility as necessary
to ensure effective representation of public defense
clients.
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STANDARDS FOR PUBLIC DEFENSE
Resolution No. 2014 (L:\SPD)
December 15, 1989
Page 2
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10. OUALIFICATIONS OF ATTORNEYS
All attorneys providing public defense must meet the
minimum requirements for practicing law in Washington
pursuant to accepted professional standards. Contracts
will only be awarded to attorneys who have at least one
year criminal trial experience or to a firm where at
least one attorney has one criminal trial experience.
Use of legal interns must be approved in advance by the
city. Such interns must meet the requirements set out
by Court rules and receive adequate training and
supervision by the public defense attorney or law firm.
11. DISPOSITION OF CLIENT COMPLAINT
The public defense attorney or law firm shall develop
and implement a mechanism for a fair review process and
prompt response to each complaint received about public
defense services.
12. CAUSE FOR TERMINATION OF CONTRACT OR REMOVAL OF
ATTORNEY
Contracts for the defense services shall include
grounds for termination of a contract by the parties.
At a minimum, violation of the rules of professional
conduct by the public defense attorney or firm related
to representation of indigent clients shall constitute
sufficient cause for termination of a public defense
contract or removal of an attorney.
13. NON-DISCRIMINATION
Public defense attorney or firm contracting with the
city for public defense services shall not discriminate
in their employment practices on the basis of race,
creed, color, age, religion, sex or sensory, mental or
physical handicap. The attorneys or law firm shall
comply with all federal, state and local laws related
to non-discrimination.
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STANDARDS FOR PUBLIC DEFENSE
Resolution No. 2014 (L:\SPD)
December 15, 1989
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