HomeMy WebLinkAbout2017-12-12 - Public Defender Agreement, Tony Ditommaso, Nicholas Yedinak - General Agreements / General Service AgreementsAgreement
For
Public Defender Services
Agreement For Public Defender Services
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1. Parties. The parties to this Agreement are the City of East
Wenatchee ("City"), a municipal corporation, and Tony DiTommaso
and Nicholas A. Yedinak of Kottkamp and Yedinak, PLLC
("Attorneys").
2. Scope of Services. If the East Wenatchee Municipal Court
("Court") determines that a defendant qualifies for a court -
appointed attorney, the City will refer that to the Attorneys. The
Attorneys must provide legal representation for a defendant from
the time of appointment, through trial and sentencing, and through
the filing of a notice of appeal to the Superior Court. The Attorneys
may not solicit money from a court -appointed defendant or his/her
family during the course of the representation.
3. Applicant Screening. Using an independent screening process,
the Court" will determine a defendant's eligibility for appointed
counsel. The Court is responsible for handling the screening
process. Should the Attorneys determine a defendant is not eligible
for assigned counsel; the Attorneys will advise the Court and move
withdraw from the case.
4. Twenty -Four Hour Telephone Access. The City provides
Attorneys with a cell phone so they can be reached for
"critical stage" advice to defendants during the course of a police
investigation or arrest twenty-four hours each day. Attorneys must
keep this cell phone with them at all times, keep the cell phone
sufficiently charged, and on at all times. The City will suffer
irreparable harm if a suspect cannot contact Attorneys for "critical
stage" advice.
5. Associated Counsel. If licensed to practice law in the state of
Washington, an attorney associated with or employed by the
Attorneys have the authority to perform the services called for
herein. The Attorneys may employ associated counsel to assist at
the Attorneys' expense.
6. Proof of Professional Liability Insurance. During the term
of this Agreement and any extensions thereof, the Attorneys must
secure and maintain policies of comprehensive professional liability
insurance with an insurance company licensed to do business in the
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State of Washington. Said policies must have limits of not less than
$300,000.00. The Attorneys must file written proof of the insurance
policies with the City.
7. Indemnification.
7.1. The Attorneys agree to indemnify and hold the City, its
elected officials, officers, and employees harmless from any and
all claims, losses or liability, including Attorneys' fees,
whatsoever arising out of the Attorneys' performance of
obligations pursuant to this Agreement, including claims arising
by reason of accident, injury, or death caused to persons or
property of any kind occurring by the fault or neglect of the
Attorneys, their agents, associates, or employees, or occurring
without the fault or neglect of the City.
7.2. With respect to the performance of this Agreement and as
to claims against the City, its officers, agents, and employees,
the Attorneys expressly waive immunity under Title 51 of the
Revised Code of Washington, the Industrial Insurance Act, for
injuries to employees and agree that the obligation to indemnify,
defend, and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of
the Attorneys. This waiver is mutually negotiated by the
parties. This paragraph does not apply to any damage resulting
from the sole negligence of the City, its agents, or employees.
This obligation to indemnify, defend, and hold harmless is valid
and enforceable only to the extent of the negligence of the
Attorneys, their officers, agents, and employees.
8. Compensation. The City will pay each Attorney for services
rendered, under this Agreement, the sum of $4,050.00 per month,
for a total of $97,200 per year for case assignments. This amount
includes the filing of an appeal from Municipal Court to Superior
Court. The City will make payment within 30 days of receipt of the
Attorneys' voucher.
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9. Caseloads. If the Municipal Court assigns DiTommaso more
than 400 cases per year, he is entitled to additional compensation.
For each case accepted above the caseload limit of 400 cases per
year, the City will compensate DiTommaso an additional $120 per
case. Likewise, if the Municipal Court assigns Yedinak more than
400 cases per year, he is entitled to additional compensation. For
each case accepted above the caseload limit of 400 cases per year,
the City will compensate Yedinak an additional $120 per case.
10. Service of Process Costs. In addition to other
compensation, the City will pay Attorneys $500 ($250 to
DiTommaso and $250 to Yedinak) each year to help Attorneys
offset the costs they may incur for service -of -process fees. Payment
is due on March 1 each year.
11. Vouchers. On a standard voucher form, Attorneys must
provide the City with monthly statistics for all cases assigned.
The statistics must include: (1) name of client; (2) case number; (3)
charge; (4) disposition (plea, bench or jury trial); (5) whether an
appeal was filed; and (6) attorney hours spent on case. Attorneys
must submit the voucher to the City by the 15th of each month.
Attorneys must also submit the voucher to the Office of the
Administrator of the Courts by the 15th of each month.
12. Administrative Costs. Attorneys affirmatively represent
that the compensation provided by the City will allow them to pay
for their administrative costs. These costs include, but are not
limited to: travel, telephones, law library, electronic research,
financial accounting, a case management system, computers,
software, office space, office supplies, training, meeting the
reporting requirements imposed by the New Standards for
Indigent Defense, and other costs incurred in the day-to-day
management of this Agreement.
13. Certification Form. Attorneys must file a Certification of
Appointed Counsel of Compliance with Standards Required by
CrR 3.1, CrRLJ 3.1, and JuCR 3.1 with the East Wenatchee
Municipal Court on a quarterly basis.
14. Discovery Provided. The City will provide to the
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Attorneys at no cost to the Attorneys or a defendant one copy of all
discoverable material concerning each assigned case. The
Attorneys agree that the City may provide these materials
electronically. Such material will include, when relevant, a copy of
the abstract of the defendant's driving record.
15. Criminal History Record Information. As allowed by
RCW 10.97.060(5), for each assigned case assigned, the City will
provide a defendant's criminal history record information to the
Attorneys. The criminal history record may contain non -conviction
data. The City and the Attorneys believe that this information will
help the City and the Attorneys provide high quality service in the
administration of criminal justice. Attorneys agree to limit their
use of the criminal history record information for the sole purpose
of representing a defendant in an assigned case. Attorneys further
agree that they will not disseminate the criminal history record
information to any third parties and agree to insure the
confidentiality and security of the information consistent with state
law and any applicable federal statutes and regulations.
16. Attorneys Unavailability. If the Attorneys are
unavailable due to illness, vacation, or other events beyond the
Attorneys' reasonable control, the Attorneys will supply the City
with a list of Attorneys, in the Wenatchee/East Wenatchee area
who are willing to serve as appointed counsel until such time as the
Attorneys are once again available. It is the Attorneys'
responsibility to coordinate with any Attorneys on such list to
ensure their availability, especially for twenty-four hour access as
provided by paragraph three herein, during the Attorneys' absence
or periods of unavailability.
17. Municipal Code. The East Wenatchee Municipal Code is
located online at the following URL address:
http://www.codepublishing.com/waleastwenatchee. Also, the City
provides links to the East Wenatchee Municipal Code through its
website at http://east-wenatchee.com. The City will provide the
Attorneys with any relevant amendments adopted by the City
during the term of this Agreement.
18. No Assignment of Agreement. Except as provided herein, no
party may assign the duties in this Agreement to a third party.
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19. Attorneys' Conflict. If the representation of a defendant
hereunder raises a conflict of interest such that the Attorneys
cannot represent a defendant, the Attorney must refer him or her
back to the Court for appointment of another attorney, who will be
paid by the City.
20. Standards for Public Defense Services. Attorneys
must comply with the Standards for Public Defense Services,
as adopted by the City Council for the City in Resolution No.
2012-22, a copy of said resolution is attached as Exhibit "A"
and is incorporated herein as if fully set forth herein. Before
January 10 of each year, the Attorneys must submit an
affidavit to the City Treasurer stating that Attorneys are in
compliance with such standards.
21. Specific Duties of Attorneys.
21.1. Attorneys must use their best efforts to provide proper legal
representation and advice in the best interest of the person at
all stages of court proceedings for which he/she is appointed.
Attorneys must perform all normal and appropriate duties of
legal counsel in such capacity.
21.2. Attorneys must maintain an office and telephone number for
the purpose of receiving notice of appointments, for
consultations with appointed persons, and for carrying out the
duties of Attorneys hereunder, and must keep the Court and
City notified of any changes of office or telephone number. The
Attorneys must provide the City Police Department with a
twenty-four hour telephone number, where defendants can
reach the Attorneys or their designee as provided in paragraph
three above.
21.3. Attorneys must use their best efforts to make arrangements
for prompt consultation with appointed persons and must meet
with the appointed person as soon as practicable in order to
provide legal representations and to assist the City in efficient
court and docket administration.
21.4. Attorneys must complete all plea bargaining and all
paperwork needed for trial or court appearances within a
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time before each case is set for trial or hearing.
21.5. Attorneys must provide an interpreter where required for
their office consultations or for witness interviews.
22. Term of This Agreement. The initial term of this
Agreement is from 12:01 a.m. on January 1, 2018 to 11:59 p.m. on
December 31, 2019. Unless a party gives written notice of intent
not to renew at least 60 days before the initial term ends, this
Agreement automatically extends until 11 : 59 p.m. on December
31, 2021. If the crime of DLWS-3rd Degree is decriminalized, either
party may open this Agreement up for renegotiation by notifying
the other party, in writing, of the wish to renegotiate.
23. Termination.
23.1. By the City. The City may terminate this Agreement
without the necessity of substantiating cause by providing
Attorneys with 30 days written notice.
23.2. By Attorneys. Attorneys may terminate this Agreement if
the City fails to perform its obligations as described in this
Agreement, and if such failure has not been corrected to the
reasonable satisfaction of the Attorneys in a timely manner or
the City has not made reasonable efforts to correct such failure,
after 30 days written notice of such breach has been provided to
the City.
23.3. Cases. The Attorneys must complete all cases assigned
prior to the date of termination of this Agreement. The
Attorneys agree to make reasonable efforts to fulfill this
obligation.
24. Expert Witness Fees. The Attorneys may make an ex parte
request for expert witness/investigator fees. If the court authorizes
the expense, the Attorneys may retain an expert/investigator of
their choosing. Attorneys must submit an itemized voucher to the
court for reimbursement.
25. Entire Agreement. This Agreement contains the entire
agreement between the parties and may not be enlarged, modified,
or altered except in writing, signed by the parties, and endorsed
Agreement For Public Defender Services
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hereon.
26. Savings Clause. Nothing in this Agreement requires the
commission of any act contrary to law. If there is a conflict between
a provision of this Agreement and a statute, law, public regulation,
or ordinance, the latter prevails. If such an event occurs, the
affected provision of this Agreement is only limited to the extent
necessary to bring it within legal requirements.
27. Notices. A notice is effective if personally served on the other
party or if mailed by registered or certified mail, return receipt
requested, to the following addresses:
Attorney Tony DiTommaso
Law Office of Tony DiTommaso
23 South Wenatchee Avenue, Suite 20
Wenatchee WA 98801
Attorney Nicholas A. Yedinak
Kottkamp & Yedinak, PLLC P.S.
P.O. Box 1667
Wenatchee WA 98807
Nick Gerde, City Treasurer
City of East Wenatchee
271 9th St NE
East Wenatchee WA 98802
Agreement For Public Defender Services
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28. Attorney's Fees and Costs. If a party brings a legal action
to enforce this Agreement, the substantially prevailing party is
entitled to recover reasonable attorney's fees and other costs
incurred in that action.
29. Governing Law. The laws of the State of Washington govern
this Agreement. The venue for any action arising from this
Agreement is Douglas County Superior Court.
PUBLIC DEFENDER
• /Tommaso
1,A) (K
Date
17, 112 / 4 1 -q—
Date
PUBLIC DEFENDER
icholarg. A. Yedinak
1 -I--l7
Date
Agreement For Public Defender Services
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ATTEST:
Maria Holman, City Clerk
Agreement For Public Defender Services
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City of East Wenatchee, Washington
Resolution No. 2012-22
A Resolution of the City of East Wenatchee, Washington Adopting Standards for
Indigent Defense Services.
1. Authority.
a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize
and regulate its internal affairs and to define the powers, functions and duties of
its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS
FOLLOWS:
Section 1: Purpose. In 2012, the Washington Supreme Court amended its Standards for
Indigent Defense Services. To comply with these new Standards, the City Council
wishes to update city policy.
Section 2: Repeal. The City Council repeals Resolution 2009-07.
Section 3: Adoption. The City Council adopts the Standards for Indigent Defense Services
that are set forth in Exhibit A and the standards set forth in Exhibit B. If any
language in Exhibit A conflicts with the language in Exhibit B, the language of
Exhibit B controls.
Section 4: Severabilily. If a court of competent jurisdiction declares any provision in this
resolution to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Resolution.
Section 5: Effective Date. This Resolution becomes effective immediately.
City of East Wenatchee
Resolution 2012-22
Page 1 of 2
Agreement for Public Defender Services Exhibit A
Passed b the City Council of East Wenatchee, at a regular meeting thereof on this
day of , 2012.
CITY OF EAST WENATCHEE,
WASHINGTON
A
%kji-) &,Ia �/
Dana Barnard, City Clerk
Filed with the City Clerk: lb �) I I -->
Passed by the City Council: 110
Effective Date: 10 2�
City of East Wenatchee
Resolution 2012-22
Page 2 of 2
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
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A�
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Washington State Bar Association
Standards for Indigent Defense Services
[Approved by the Board of Governors June 3, 2011]
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
STANDARD ONE: Compensation
Standard:
Public defense attorneys and staff should be compensated at a rate commensurate with
their training and experience. To attract and retain qualified personnel, compensation
and benefit levels should be comparable to those of attorneys and staff in prosecutorial
offices in the area.
For assigned counsel, reasonable compensation should be provided. Compensation
should reflect the time and labor required to be spent by the attorney and the degree of
professional experience demanded by the case. Assigned counsel should be
compensated for out-of-pocket expenses.
Contracts should provide for extraordinary compensation over and above the normal
contract terms for cases which require an extraordinary amount of time and preparation,
including, but not limited to, death penalty cases. Services which require extraordinary
fees shall be defined in the contract.
Attorneys who have a conflict of interest shall not have to compensate the new,
substituted attorney out of their own funds.
Flat fees, caps on compensation, and lump -sum contracts for trial attorneys are
improper in death penalty cases. Private practice attorneys appointed in death penalty
cases should be fully compensated for actual time and service performed at a
reasonable hourly rate with no distinction between rates for services performed in court
and out of court. Periodic billing and payment should be available. The hourly rate
established for lead counsel in a particular case should be based on the circumstances
of the case and the attorney being appointed, including the following factors: the
anticipated time and labor required in the case, the complexity of the case, the skill and
experience required to provide adequate legal representation, the attorney's overhead
expenses, and the exclusion of other work by the attorney during the case. Under no
circumstances should the hourly rate for lead counsel, whether private or public
defender, appointed in a death penalty case be less than $125 per hour (in 2006
dollars).
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-2.4 and 5-3.1.
American Bar Association, Guidelines for the Appointment and Performance in Death Penalty Cases,
1988, Standard 10-1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standards 13.7 and 13.11.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-4.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Standard I11-10 and 111-11.
Seattle -King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline No. 6.
1
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
STANDARD TWO: Duties and Responsibilities of Counsel
Standard:
The legal representation plan shall require that defense services be provided to all clients in
a professional, skilled manner consistent with minimum standards set forth by the American
Bar Association, applicable state bar association standards, the Rules of Professional
Conduct, case law and applicable court rules defining the duties of counsel and the rights of
defendants in criminal cases. Counsel's primary and most fundamental responsibility is to
promote and protect the interests of the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standards 13.1.
National Legal Aid and Defender Association, Standards for Defender Services, Standard I1-2.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline I11-18,
American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases. LLinK
STANDARD THREE: Caseload Limits and Types of Cases
Standard:
1. The contract or other employment agreement or government budget shall specify
the types of cases for which representation shall be provided and the maximum
number of cases which each attorney shall be expected to handle.
2. The caseload of public defense attorneys shall allow each lawyer to give each client
the time and effort necessary to ensure effective representation. Neither defender
organizations, county offices, contract attorneys nor assigned counsel should accept
workloads that, by reason of their excessive size, interfere with the rendering of
quality representation. As used in this Standard, "quality representation" is intended
to describe the minimum level of attention, care and skill that Washington citizens
would expect of their state's criminal justice system.
3. General Considerations: Caseload limits reflect the maximum caseloads for fully
supported full-time defense attorneys for cases of average complexity and effort in
each case type specified. Caseload limits assume a reasonably even distribution of
cases throughout the year.
The increased complexity of practice in many areas will require lower caseload
ceilings. The maximum caseload limit should be adjusted downward when the mix
of case assignments is weighted toward more serious offenses or case types that
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
demand more investigation, legal research and writing, use of experts and/or social
workers or other expenditure of time and resources. In particular, felony caseloads
should be assessed by the workload required, and certain cases and types of cases
should be weighted accordingly.
If a defender or assigned counsel is carrying a mixed caseload including cases from
more than one category of cases, these standards should be applied proportionately
to determine a full caseload. In jurisdictions where assigned counsel or contract
attorneys also maintain private law practices, the caseload should be based on the
percentage of time the lawyer devotes to public defense.
Definition of case: A case is defined as the filing of a document with the court
naming a person as defendant or respondent, to which an attorney is appointed in
order to provide representation.
4. Caseload Limits: The caseload of a full-time public defense attorney or assigned
counsel shall not exceed the following:
150 Felonies per attorney per year; or
300 Misdemeanor' cases per attorney per year; or in certain circumstances
described below the caseload may be adjusted to no more than 400 cases,
depending upon:
• The caseload distribution between simple misdemeanors and complex
misdemeanors; or
• Jurisdictional policies such as post -filing diversion and opportunity to
negotiate resolution of large number of cases as non -criminal violations;
• Other court administrative procedures that permit a defense lawyer to handle
more cases; or
250 Juvenile Offender cases per attorney per year; or
80 open Juvenile Dependency cases per attorney; or
250 Civil Commitment cases per attorney per year; or
1 Active Death Penalty trial court case& at a time plus a limited number of non death
penalty cases compatible with the time demand of the death penalty case and
consistent with the professional requirements of Standard 3.2 supra; or
36 Appeals to an appellate court hearing a case on the record and briefs per
attorney per year. (The 36 standard assumes experienced appellate attorneys
handling cases with transcripts of an average length of 350 pages. If attorneys do
not have significant appellate experience and/or the average transcript length is
greater than 350 pages, the caseload should be accordingly reduced.)
3
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
Related Standards
American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3.
American Bar Association Guidelines for the Appointment and Performance of Defense. Counsel in Death
Penalty Cases. LLjnL
American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When
Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal Opinion 06-
441. ; Lirl
The American Council of Chief Defenders Statement on Caseloads. and Workloads, (2007). LLbkl
American Bar Association Eight Guidelines of Public Defense Related to Excessive Caseloads. jLjjjkj
National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard
13.12.
American Bar Association Disciplinary Rule 6-101.
American Bar Association Ten Principles of a Public Defense Delivery System. jLiaL
ABA Standards of Practice for Lawyers who Represent Children in Abuse & Neglect Cases, (1996)
American Bar Association, Chicago, IL.
The American Council of Chief Defenders Ethical Opinion 03-01 (2003).
National Legal Aid and Defender Association, Standards for Defender Services, Standards IVA
National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002). LLLL
NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001). Link
City of Seattle Ordinance Number: 121501 (2004). LLinL
Seattle -King County Bar Association Indigent Defense Services Task Force, Guideline Number 1.
Washington State Office of Public Defense, Parents Representation Program Standards Of
Representation (2009). Link
STANDARD FOUR: Responsibility for Expert Witnesses
Standard:
Reasonable compensation for expert witnesses necessary to preparation and presentation
of the defense case shall be provided. Expert witness fees should be maintained and
allocated from funds separate from those provided for defender services. Requests for
expert witness fees should be made through an ex parte motion. The defense should be
free to retain the expert of its choosing and in. no cases should be forced to select experts
from a list pre -approved by either the court or the prosecution.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV 2d, 3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1983, Standard III-8d.
National Advisory Commission, Task Force on Courts, 1973, Standard 13.14.
4
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
STANDARD FIVE: Administrative Costs
Standard:
1. Contracts for public defense services shall provide for or include administrative costs
associated with providing legal representation. These costs should include but are
not limited to travel, telephones, law library, including electronic legal research,
financial accounting, case management systems, computers and software, office
space and supplies, training, meeting the reporting requirements imposed by these
standards, and other costs necessarily incurred in the day-to-day management of
the contract.
2. Public defense attorneys shall have an office that accommodates confidential
meetings with clients and receipt of mail, and adequate telephone services to ensure
prompt response to client contact.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, (1976), Guideline 3.4.
National Legal Aid and Defender Association, Standards for Defender Services, 1976 1-3, IV 2a-e, IV 5.
STANDARD SIX: Investigators
Standard:
1. Public defense attorneys shall use investigation services as appropriate
2. Public defender offices, assigned counsel, and private law firms holding public defense
contracts should employ investigators with investigation training and experience. A
minimum of one investigator should be employed for every four attorneys.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-4.1 and 5-1.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard II1-9.
Seattle -King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 8.
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
Standard:
Public defense attorneys shall have adequate numbers of investigators, secretaries word
(9 1
processing staff, paralegals, social work staff, mental health professionals and other support
services, including computer system staff and network administrators. These professionals
are essential to ensure the effective performance of defense counsel during trial preparation,
in the preparation of dispositional plans, and at sentencing.
1, Legal Assistants - At least one full-time legal assistant should be employed for every
four attorneys. Fewer legal assistants may be necessary, however, if the agency or
attorney has access to word processing staff, or other additional staff performing
clerical work. Defenders should have a combination of technology and personnel
that will meet their needs.
2. Social Work Staff - Social work staff should be available to assist in developing
release, treatment, and dispositional alternatives.
3. Mental Health Professionals - Each agency or attorney should have access to mental
health professionals to perform mental health evaluations.
4. Investigation staff should be available as provided in Standard Six at a ratio of one
investigator for every four attorneys.
S. Each agency or attorney providing public defense services should have access to
adequate and competent interpreters to facilitate communication with non-English
speaking and hearing -impaired clients for attorneys, investigators, social workers,
and administrative staff.
Related Standards:
Arnedcan Bar Association, Standa* for aiminal Justice, 4-8.1 and 5-1.4.
National Advisory Committee on Criminal Justice Standards and Goals, Task Fite on Courts, Standard 13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3.
National Legal Aid and Defender Association, Guidelines for NegoYating and Awarding Indigent Defense
Contrads, 1984, Standard 111-8.
Seattle -King County Bar Association Indigent Defense Services Task Force, Guidelines forAccred itation of
Defender Agencies, 1982, Guideline Number 7.
STANDARD EIGHT: Reports of Attornoy Activity
Standard. -
The legal representation plan shall require that the defense attorney or office maintain a
case -reporting and management information system which includes number and type of
cases, attorney hours and disposition. This information shall be provided regularly to the
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
Contracting Authority and shall also be made available to the Office of the Administrator
of the Courts. Any such system shall be maintained independently from client files so as
to disclose no privileged information.
A standardized voucher form shall be used by assigned counsel attorneys seeking
payment upon completion of a case. For attorneys under contract, payment should be
made monthly, or at times agreed to by the parties, without regard to the number of
cases closed in the period.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-3.3 (b) xii, The Report to the Criminal Justice
Section Council from the Criminal Justice Standards Committee, 1989.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984 Standard 111-22.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Guideline 3.4, 4.1, and 5.2.
STANDARD NINE: Training
Standard:
The legal representation plan shall require that attorneys providing public defense services
participate in regular training programs on criminal defense law, including a minimum of
seven hours of continuing legal education annually in areas relating to their public defense
practice.
In offices of more than seven attorneys, an orientation and training program for new
attorneys and legal interns should be held to inform them of office procedure and policy. All
attorneys should be required to attend regular in-house training programs on developments
in criminal law, criminal procedure and the forensic sciences.
Attorneys in civil commitment and dependency practices should attend training programs in
these areas. Offices should also develop manuals to inform new attorneys of the rules and
procedures of the courts within their jurisdiction.
Every attorney providing counsel to indigent accused should have the opportunity to attend
courses that foster trial advocacy skills and to review professional publications and other
media.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.16.
National Legal Aid and Defender Association, Standards for Defender Services, Standard V.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense
Contracts,1984, Standard I11-17.
7
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
Seattle -King County Bar Association Indigent Defense Services Task Force, Guidelines forAccreditation of
Defender Agencies, 1982, Guideline Number 3.
National Legal Aid and Defender Association, Guidelines for the Appointment and Performance of Counsel in
Death Penalty Cases, 1988, Standard 9.1.
STANDARD TEN: Supervision
Standard:
Each agency or firm providing public defense services should provide one full-time
supervisor for every ten staff lawyers or one half-time supervisor for every five lawyers.
Supervisors should be chosen from among those lawyers in the office qualified under these
guidelines to try Class A felonies. Supervisors should serve on a rotating basis, and except
when, supervising fewer than ten lawyers, should not carry caseloads.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.9.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense
Contract, 1984, Standard III-16.
Seattle -King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of
Defender Agencies, 1982, Guideline Number 4.
STANDARD ELEVEN: Monitoring and Evaluation of Attorneys
Standard:
The legal representation plan for provision of public defense services should establish a
procedure for systematic monitoring and evaluation of attorney performance based upon
publicized criteria. Supervision and evaluation efforts should include review of time and
caseload records, review and inspection of transcripts, in -court observations, and periodic
conferences.
Performance evaluations made by a supervising attorney should be supplemented by
comments from judges, prosecutors, other defense lawyers and clients. Attorneys should be
evaluated on their skill and effectiveness as criminal lawyers or as dependency or civil
commitment advocates.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-16.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States,
1976, Recommendations 5.4 and 5.5.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.9.
8
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
STANDARD TWELVE: Substitution of Counsel
Standard:
The attorney engaged by local government to provide public defense services should
not sub -contract with another firm or attorney to provide representation and should
remain directly involved in the provision of representation. If the contract is with a firm or
office, the contracting authority should request the names and experience levels of
those attorneys who will actually be providing the services, to ensure they meet
minimum qualifications. The employment agreement shall 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.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-5.2.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline 111-23.
STANDARD THIRTEEN: Limitations on Private Practice
Standard:
Private attorneys who provide„public defense representation shall set limits on the amount of
privately retained work which can be accepted. These limits shall be based on the
percentage of a full-time caseload which the public defense cases represent.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.2(d), 5-3.2.
American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When
Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal Opinion 06-
441. LLbkl
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.7.
National Legal Aid and Defender Association, Standards for Defender Services, Standard 111-3 and IV 1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense
Contracts, 1984, Guideline III-6.
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
STANDARD FOURTEEN: Qualifications of Attorneys
Standard:
1. In order to assure that indigent accused receive the effective assistance of
counsel to which they are constitutionally entitled, attorneys providing defense
services shall meet the following minimum professional qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as determined by
the Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions, and case law
relevant to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
D. Be familiar with the Performance Guidelines for Criminal Defense Representation
approved by the Washington State Bar Association; and
E. Be familiar with the consequences of a conviction or adjudication, including possible
immigration consequences and the possibility of civil commitment proceedings
based on a criminal conviction; and
F. Be familiar with mental health issues and be able to identify the need to obtain expert
services; and
G. Complete seven hours of continuing legal education within each calendar year in
courses relating to their public defense practice.
2. Trial attorneys' qualifications according to severity or type of case:
A. Death Penalty Representation. Each attorney acting as lead counsel in a death
penalty case or an aggravated homicide case in which the decision to seek the
death penalty has not yet been made shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii. At least five years criminal trial experience; and
iii. Have prior experience as lead counsel in no fewer than nine jury trials of
serious and complex cases which were tried to completion; and
iv. Have served as lead or co -counsel in at least one jury trial in which the death
penalty was sought; and
v. Have experience in preparation of mitigation packages in aggravated
homicide or persistent offender cases; and
' Attorneys working toward qualification for a particular category of cases under this standard may
associate with lead counsel who is qualified under this standard for that category of cases.
10
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
vi. Have completed at least one death penalty defense seminar within the
previous two years; and
vii. Meet the requirements of SPRC 2.2
The defense team in a death penalty case should include, at a minimum, the two
attorneys appointed pursuant to SPRC 2, a mitigation specialist and an investigator.
Psychiatrists, psychologists and other experts and support personnel should be added
as needed.
B. Adult Felony Cases - Class A. Each attorney representing a defendant accused of a
Class A felony as defined in RCW 9A.20.020 shall meet the following
requirements:
i. The minimum -requirements set forth in Section 1; and
ii. Either:
a. has served two years as a prosecutor; or
b. has served two years as a public defender; or two years in a private
criminal practice, and
iii. Has been trial counsel alone or with other trial counsel and handled a
significant portion of the trial in three felony cases that have been submitted to
a jury.
C. Adult Felony Cases - Class B Violent Offense. Each attorney representing a
defendant accused of a Class B violent offense as defined in RCW 9A.20.020 shall
meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii. Either:
a. has served one year as prosecutor; or
b. has served one year as public defender; or one year in a private criminal
practice; and
2SPRC 2 APPOINTMENT OF COUNSEL
At least two lawyers shall be appointed for the trial acid also for• the direct appeal. 77re trial court shall retain responsibility for
appointing cow7sel for trial. The Supreme Court shall appoint cotnrsel for• the direct appeal. Notwithstanding RAP 15.269 and (h), the
Supreme Court will determine all motions to withdraw as counsel on appeal.
A list of attorneys ivho meet the requirements ofproficiency and experience, and who have demonstrated that they are learned in the
law of capital ptinishinent by virtue of training or experience, and thus are qualified for appointment in death penalty trials and for
appeals will be recruited and maintained by a panel created by the Supreme Court. All counsel for trial and appeal must have
demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial
nnist hmle, five. years' experience in the practice of cr7rninal law be fiaziliar with rind exper ienced in the utilizations of eyeri witnesses
and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case. One counsel must be,
and both may be, qualified for appointment in capital trials on the list., unless circumstances exist such that it is in the defendant's
interest to appoint otherK,ise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial
court shall makefandings offaet if good cause is found for not appointing list counsel.
At least one counsel on appeal must have three years' experience in the f eld of criminal appellate law and be leaiwed in the lain of
capital punishment. by virtue of training or experience. In appointing counsel on appeal, the Suprerne Court will consider the list, but
will have thefinal discretion in the appointment of cotrrr.sel. Link
11
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
iii. Has been trial counsel alone or with other counsel and handled a
significant portion of the trial in two Class C felony cases that have been
submitted to a jury.
D. Adult Sex Offense Cases. Each attorney representing a client in an adult sex
offense case shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(C); and
ii. Been counsel alone of record in an adult or juvenile sex offense case or
shall be supervised by or consult with an attorney who has experience
representing juveniles or adults in sex offense cases.
E. Adult Felony Cases - All other Class B Felonies, Class C Felonies, Probation or
Parole Revocation. Each attorney representing a defendant accused of a Class B
felony not defined in Section 2(C) or (D) above or a Class C felony, as defined in
RCW 9A.20.020, or involved in a probation or parole revocation hearing shall meet
the following requirements:
L The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a private criminal
practice; and
iii. Has been trial counsel alone or with other trial counsel and handled a
significant portion of the trial in two criminal cases that have been submitted to
a jury; and
iv. Each attorney shall be accompanied at his or her first felony trial by a
supervisor if available.
F. Persistent Offender (Life Without Possibility of Release) Representation.
Each attorney acting as lead counsel in a "two -strikes" or "three stakes" case in
which a conviction will result in a mandatory sentence of life in prison without
parole shall meet the following requirements:
i. The minimum requirements set forth in Section 1; 3 and
ii. Have at least:
a. four years criminal trial experience; and
b. one year experience as a felony defense attorney; and
C. experience as lead counsel in at least one Class A felony trial; and
d. experience as counsel in cases involving each of the following:
3 RCW 10.101,060 (1)(a)(iii) provides that counties receiving funding from the state Office of Public Defense under
that statute must require "attorneys who handle the most serious cases to meet specified qualifications as set forth in the
Washington state bar association endorsed standards for public defense services or participate in at least are case consultation
per case with office ofpublic defense resource attorneys who are so qualified. The most serious cases include all cases of rnurder-
in the first or second degree, persistent offender cases, and class A felonies. "
12
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
1. Mental health issues; and
2. Sexual offenses, if the current offense or a prior conviction that is one
of the predicate cases resulting in the possibility of life in prison
without parole is a sex offense; and
3. Expert witnesses; and
4. One year of appellate experience or demonstrated legal writing
ability.
G. Juvenile Cases - Class A. Each attorney representing a juvenile accused of a
Class A felony shall meet the following requirements:
L The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; one year in a private
criminal practice; and
iii. Has been trial counsel alone of record in five Class B and C felony trials;
and
iv. Each attorney shall be accompanied at his or her first juvenile trial by a
supervisor, if available.
H. Juvenile Cases - Classes B and C. Each attorney representing a juvenile accused
of a Class B or C felony shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a private
criminal practice, and
iii. has been trial counsel alone in five misdemeanor cases brought to a final
resolution; and
iv. Each attorney shall be accompanied at his or her first juvenile trial by a
supervisor if available.
I. Juvenile Sex Offense Cases. Each attorney representing a client in a juvenile sex
offense case shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(H); and
ii. Been counsel alone of record in an adult or juvenile sex offense case or
shall be supervised by or consult with an attorney who has experience
representing juveniles or adults in sex offense cases.
J. Juvenile Status Offenses Cases. Each attorney representing a client in a "Becca"
matter shall meet the following requirements:
L The minimum requirements as outlined in Section 1; and
13
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
ii. Either:
a. have represented clients in at least two similar cases under the
supervision of a more experienced attorney or completed at least three
hours of CLE training specific to "status offense" cases; or
b. have participated in at least one consultation per case with a more
experienced attorney who is qualified under this section.
K. Misdemeanor Cases. Each attorney representing a defendant involved in a matter
concerning a simple misdemeanor or gross misdemeanor or condition of
confinement, shall meet the requirements as outlined in Section 1.
L. Dependency Cases. Each attorney representing a client in a dependency matter
shall meet the following requirements:
i. The minimum requirements as outlined in Section 1; and
ii. Attorneys handling termination hearings shall have six months
dependency experience or have significant experience in handling complex
litigation.
iii. Attorneys in dependency matters should be familiar with expert
services and treatment resources for substance abuse.
iv. Attorneys representing children in dependency matters should have
knowledge, training, experience, and ability in communicating effectively with
children, or have participated in at least one consultation per case either with a
state Office of Public Defense resource attorney or other attorney qualified
under this section.
M. Civil Commitment Cases. Each attorney representing a respondent shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day
commitment hearing by a supervisor; and
iii. Shall not represent a respondent in a 90 or 180 day commitment hearing
unless he or she has either:
a. served one year as a prosecutor, or
b. served one year as a public defender, or one year in a private civil
commitment practice, and
C. been trial counsel in five civil commitment initial hearings; and
iv. Shall not represent a respondent in a jury trial unless he or she has
conducted a felony jury trial as lead counsel; or been co -counsel with a more
experienced attorney in a 90 or 180 day commitment hearing.
N. Sex Offender "Predator" Commitment Cases. Generally, there should be two
counsel on each sex offender commitment case. The lead counsel shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
14
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
ii. Have at least:
a. Three years criminal trial experience; and
b. One year experience as a felony defense attorney or one year
experience as a criminal appeals attorney; and
C. Experience as lead counsel in at least one felony trial; and
d. Experience as counsel in cases involving each of the following:
1. Mental health issues; and
2. Sexual offenses; and
3. Expert witnesses; and
e. Familiarity with the Civil Rules; and
f. One year of appellate experience or demonstrated legal writing
ability.
Other counsel working on a sex offender commitment cases should meet the
Minimum Requirements in Section 1 and have either one year experience as a
public defender or significant experience in the preparation of criminal cases,
including legal research and writing and training in trial advocacy.
O. Contempt of Court Cases. Each attorney representing a respondent shall meet
the following requirements:
i. The minimum requirements set forth in Section 1; and
ii. Each attorney shall be accompanied at his or her first three contempt of
court hearings by a supervisor or more experienced attorney, or participate in
at least one consultation per case with a state Office of Public Defense
resource attorney or other attorney qualified in this area of practice.
P. Specialty Courts. Each attorney representing a client in a specialty court (e.g.,
mental health court, drug diversion court, homelessness court) shall meet the
following requirements:
L The minimum requirements set forth in Section 1; and
ii. The requirements set forth above for representation in the type of practice
involved in the specialty court (e.g., felony, misdemeanor, juvenile); and
iii. Be familiar with mental health and substance abuse issues and treatment
alternatives.
3. Appellate Representation.
Each attorney who is counsel for a case on appeal to the Washington Supreme Court or
to the Washington Court of Appeals shall meet the following requirements:
A. The minimum requirements as outlined in Section 1; and
B. Either:
i. has filed a brief with the Washington Supreme Court or any Washington
Court of Appeals in at least one criminal case within the past two years; or
15
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
ii. has equivalent appellate experience, including filing appellate briefs in
other jurisdictions, at least one year as an appellate court or federal court clerk,
extensive trial level briefing or other comparable work.
C. Attorneys with primary responsibility for handling a death penalty appeal shall
have at least five years' criminal experience, preferably including at least one
homicide trial and at least six appeals from felony convictions, and meet the
requirements of SPRC 2.
RAU Misdemeanor Appeals to Superior Court: Each attorney who is counsel alone
for a case on appeal to the Superior Court from a Court of Limited Jurisdiction should
meet the minimum requirements as outlined in Section 1, and have had significant
training or experience in either criminal appeals, criminal motions practice, extensive trial
level briefing, clerking for an appellate judge, or assisting a more experienced attomey in
preparing and arguing an RALJ appeal.
4. Legal Interns,
& Legal interns must meet the requirements set out in APR 9.
B. Legal interns shall receive training pursuant to APR 9 and in offices of more than
seven attorneys, an orientation and training program for new attorneys and legal
interns should be held.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Standard
13.15,
National Legal Aid and Defender Association, Guidelines for Negotiating andAwarding Public Defense
Contracts, 1984, Standard III-7.
National Legal Aid and Defender Association, Standards for the Appointment and Performance of Counsel in
Death Penalty Cases, 1987, Standard 5.1.
STANDARD FIFTEEN: Disposition of Client Complaints
Standard:
Each agency or firm or individual contract 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. If the client feels that he or
she has not received an adequate response, the contracting authority or public defense
administrator should designate a person or agency to evaluate the legitimacy of complaints
and to follow up meritorious ones. The complaining client should be informed as to the
disposition of his or her complaint within one week.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-5.1 and 4-5.2.
W91
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
STANDARD SIXTEEN: Cause for Termination of Defender Services and Removal of
Attorney
Standard:
Contracts for indigent defense services shall include the grounds for termination of the
contract by the parties. Termination of a provider's contract should only be for good
cause. Termination for good cause shall include the failure of the attorney to render
adequate representation to clients; the willful disregard of the rights and best interests of
the client; and the willful disregard of the standards herein addressed.
Removal by the court of counsel from representation normally should not occur over the
objection of the attorney and the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5-5.3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-5.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Recommendations 2.12 and 2.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.8.
STANDARD SEVENTEEN: Non -Discrimination
Standard:
Neither the Contracting Authority, 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 contracting authority and the contractor shall comply with all federal,
state, and local non-discrimination requirements.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3.1.
National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard 111-8.
STANDARD EIGHTEEN: Guidelines for Awarding Defense Contracts
Standard:
The county or city should award contracts for public defense services only after
determining that the attorney or firm chosen can meet accepted professional standards.
17
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit A
Under no circumstances should a contract be awarded on the basis of cost alone.
Attorneys or firms bidding for contracts must demonstrate their ability to meet these
standards.
Contracts should only be awarded to a) attorneys who have at least one year's criminal
trial experience in the jurisdiction covered by the contract (i.e., City and District Courts,
Superior Court or Juvenile Court), or b) to a firm where at least one attorney has one
year's trial experience.
City attorneys, county prosecutors, and law enforcement officers should not select the
attorneys who will provide indigent defense services.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Standard 1V-3.
King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of
Defender Agencies, 1982, Statement of Purpose.
18
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
THE SUPREME COURT OF WASHINGTON
ORDER
IN THE MATTER OF THE STANDARDS FOR )
INDIGENT DEFENSE AND CERTIFICATION OF ) NO, 25700-A- 00
COMPLIANCE )
}
}
The Office of Public Defense having recommended amendments to the Standards for
Indigent Defense and Certification of Compliance, and the Court having considered the
amendments submitted thereto, -and having determined that the proposed amendments will aid in
the prompt and orderly administration of justice;
Now, therefore, it is hereby
ORDERED;
(a) That tb.e standards and certificate as attached hereto are adopted,
(b) That the Standards for Indigent Defense, including the new Preamble,
amendments to Standard 3.1, Standard 3.5, and Standard 5.2 will be published in the
Washington Reports and become effective on October 1, 2012, The new subsection (e) of the
Certification Form will be published in the Washington Reports and become effective on
September 1, 2013.
DATED at Olympia, Washington this 1 day of September, 201
rri
_% # X;
N i
i41 ka.E �;
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
Page 2
IN THE MATTER OF.THE STANDARDS FOR INDIGENT DEFENSE AND CERTIFICATION
OF COMPLIANCE
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhib it B
STANDARDS FOR INDIGENT DEFENSE
[New]
Preamble
The Washington Supreme Court adopts the following Standards to address. certain basic
elements of public defense practice related to the effective assistance of counsel The
Certification of Appointed Counsel of Compliance with Standards Required -by CrR 3 1/CIRLJ
3.1/JuCR 9.2 references specific "Applicable Standards." The Court adopts additional Standards
beyond those required for certification as -guidance for public defense attorneys in addressing
issues identified in State v, A. NJ, 168 Wash.2d 91 (2010), including the suitability of contracts
that public defense attorneys may negotiate and sign. To the extent that certain Standards may
refer to or be interpreted as referring to local goverrunents, the Court recognizes the authority of
its Rules is limited to attorneys and the courts, Local courts and clerks are encouraged to
develop protocols for procedures for receiving and Certifications.
[Reserved.]
[Reserved.]
Standard 1, Compensation
Standard 2. Duties and Responsibilities of Counsel
Standard 3. Caseload Limits and Types of Cases
Standard 3.1. The contract or other employment agreement or goye,.,.,,..-,ent budgeShall
specify the types of. cases for which representation shall be provided and the maximum number
of cases which each attorney shall be expected to handle.
Standard 3.1 adopted effective all
1, 2012
Standard 3.2. The caseload of public defense attorneys shall allow each lawyer to give each
client the time and effort necessary to ensure effective representation. Neither defender
organizations, county offices, contract attorneys, nor assigned counsel should accept workloads
that, by reason of their excessive size, interfere with the rendering of quality representation, As
used in this Standard, "quality representation" is intended to describe the minimum level. of
attention, care, and skill that Washington citizens would expect of their state's criminal justice
system.
Standard 3.2 adopted effective October 42012
Standard 3, 3. General Considerations. Caseload limits reflect the maximum caseloads for
fiilly supported full-time defense attorneys for cases of average complexity and effort in each
case type specified. Caseload limits assume a reasonably even distribution of cases throughout
the year.
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
The increased complexity of practice in many areas will require lower caseload limits. The
maximum caseload limit should be adjusted downward when the mix of case assignments is
weighted toward offenses or case types that demand more investigation, legal research and
writing, use of experts, use of social workers, or other expenditures of time and resources.
Attorney caseloads should be assessed by the workload required, and cases and types of cases
should be weighted accordingly.
If a defender or assigned counsel is carrying a mixed caseload including cases from more
than one categoiry of cases, these standards should be applied proportionately to determine a full
caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law
practices, the caseload should be based on the percentage of time the lawyer devotes to public
defense.
The experience of a particular attorney is a factor in the composition of cases in the
attorney's caseload,
The following types of cases fall within the intended scope of the caseload limits for crinunal
and juvenile offender cases in Standard 3.4 and must be taken into account when assessing an
attorney's numerical caseload: partial case representations, sentence violations, specialty or
therapeutic courts, transfers, extraditions, representation of material witnesses, petitions for
conditional release or final discharge, and other matters that do not involve, a now criminal
charge.
Definition of case, A case is defined as the filing of a doctunent with the court naming a
person as defendant or respondent, to which an attorney is appointed in order to provide
representation.. In courts of limited jurisdiction multiple citations from the same incident can be
counted as one case,
Standard 3.3 adopted effective October 1, 2012
Standard 3.4. Caseload Limits. Effective October 1, 2013.
Standared 3.5, Case Counting. The le - t entity re8 e„sible fer e,. lo. i,
With,eentraeIing
p:ublie defense a4erneys should adopt and publish written
pelieies-a�Q ' If sueh
pelieies and preeedui:es are net adepted and published, it is presumed that attomeys a -To not
etigaging in ^age weighting. -
Attorneys may not engage in a case weighting_ system, unless
pursuant to written policies and procedures that have been adopted and published by the local
government entity responsible for employing, contracting with, or appointing them. A yi���n esea'
ease weighting system must:
A. recognize the greater or lesser workload required for cases compared to an average case
based on a method that adequately assesses and doemnents the workload involved;
B. be consistent with these Standards, professional performance guidelines, and the Rules of
Professional Conduct;
C. not institutionalize systems or practices that fail to allow adequate attorney time for
quality representation;
D. be periodically reviewed and updated to reflect current workloads; and
E. be filed with the State of Washington Office of Public Defense.
Cases should be assessed by the workload required, Cases and types of cases should be
weighted accordingly. Cases which are complex, serious, or contribute more significantly to
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
attorney workload than average cases should be weighted upward, In addition, a case weighting
system should consider factors that mightjustify a case weight of less than one case,
Notwithstanding any case weighting system, resolutions of cases by pleas of guilty to
criminal charges on a first appearance or arraignment docket are presu aced to be rare occurrences
requiring careful evaluation of the evidence and the law, as well as thorough communication
with clients, and must be counted as one case.
Standard 3.5 adopted effective October 1, 2012
Standard 3,6 Case Weighting, ThQ following are some examples of situations where case
weighting might result in representations being weighted as more or less than one case, The
listing of specific examples is not intended to suggest or imply that representations .in such
situations should or must be weighted at more or less than one case; only that they may be, if
established by an appropriately adopted case weighting system.
A. Case Weighting Upward, Serious offenses or complex cases that demand more -than -
average investigation, legal research, writing, use of experts, use of social workers, and/or
expenditures of time and resources should be weighted upward and counted as more than one
case.
B. Case_ Weighting Downward. Listed below are some examples of situations where case
weighting might justify representations being weighted less than one case. However, care must
be taken because many such representations routinely involve significant work and effort. and
should be weighted at a full case or more,
i, Cases that result in partial representations of clients, including client failures to appear
and recommencement of proceedings, preliminary appointments in cases in which no charges are
filed, appearances of retained counsel, withdrawals or transfers for any reason, or limited
appearances for a specific purpose knot including representations of multiple cases on routine .
dockets),
ii. Cases in the criminal or offender case type that do not involve filing of new criminal
charges, including sentence violations, extraditions, representations of material witnesses, and
other matters or representations of clients that do not involve new criminal charges,
Noncomplex sentence violations should be weighted as at least 1/3 of a case.
iii, Cases in specialty or therapeutic courts if the attorney is not responsible for defending the
client against the underlying charges before or after the client's participation in the specialty or
therapeutic court, However, case weighting must recognize that numerous hearings and
extended monitoring of client cases in such courts significantly contribute to attorney workload
and in many instances such cases may warrant allocation of full case weight or more.
iv. Cases on a criminal or offender first appearance or arraignment docket where the attorney
is designated, appointed; or contracted to represent groups of clients on that docket without an
expectation of further or continuing representation and which are not resolved at that time
(except by dismissal). In such circumstances, consideration should be given to adjusting the
caseload limits. appropriately, recognizing that case weighting .must reflect that attorney
workload includes the time needed for appropriate client contact and preparation as well as the
appearance time spent on such dockets.
v. Representation of a person in a court of limited jurisdiction on a charge which, as a
matter of regular practice in the court where the case is pending, can be and is resolved at an
early stage of the proceeding by a diversion, reduction to an infraction, stipulation on
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
continuance, or other alternative noncriminal disposition that does not involve a finding of guilt.
Such cases should be weighted as at least 1/3 of a case.
Standard 3.6 adopted effective October 1, 2012
Related Standards
ABA STANDARDS FOR CRIMINAL JUSTICE: PROSECUTION FUNCTION AND DEFENSE FUNCTION
Defense Function std. 4-1.2 (3d ed. 1993)
ABA STANDARDS FOR CRIMINAL JUSTICE: PROVIDING DEFENSE SERVICES std. 5-4.3 (3d ed.
1992)
AM, BAR ASS'N, GUIDELINES FOR THE APPOINTMENT AND PERFORMANCE OF DEFENSE
COUNSEL IN DEATH PENALTY CASES (rev. ed, 2003)
ABA Comm, on Ethics & Prod Responsibility, Formal Op. 06-441 (2006) (Ethical
Obligations of Lawyers Who Represent Indigent Criminal Defendants .When Excessive
Caseloads Infer fere With Competent and Diligent Representation)
Ain, Council of Chief Defenders, Statement on Caseloads and Workloads (Aug. 24, 2007)
ABA House of Delegates, Eight Guidelines of Public Defense Related to Excessive
Caseloads (Aug. 2009)
TASK FORCE ON COURTS, NAT'L ADVISORY COMM'N ON CRIMINAL STANDARDS & GOALS)
COURTS std. 13.12 (1973)
MODEL CODE OF PROF'L RESPONSIBILITY DR 6-101.
ABA House of Delegates, The Ten Principles of a Public Defense Delivery System (Feb.
2002)
ABA House of Delegates, Standards of'Practice,fbr Lawyers Who Represent Children in
Abuse and Neglect Cases (Feb. 1996)
Nat'l Legal Aid & Defender Ass'n, Am. Council of Chief Defenders, Ethical Opinion 03-01
(2003).
Nat'l Legal Aid & Defender Ass'n, Standardsfor Defender Services std, IVA (1976)
Nat'l Legal Aid & Defender Ass'n, Model Contract for Public Defense Services (2000)
Nat'l Ass'n of Counsel for Children, NACC Recomnzendations for Representation of
'Children in Abuse and Neglect Cases (2001)
Seattle Ordinance 121501 (June 14, 2004)
Indigent Defense Servs. Task Force, Seattle -King County Bar Ass'n, Guidelines for
Accreditation of Defender Agencies Guideline 1 (1982)
Wash. State Office of Pub, Defense, Parents Representation Program Standards of
Representation (2009)
BUREAU OF JUDICIAL ASSISTANCE, U.S. DEP'T OF JUSTICE, INDIGENT DEFENSE SERIES No. 4,
KEEPING DEFENDER WORKLOADS MANAGEABLE (2001) (NCJ 185632)
Standard` 4. Responsibility of Expert Witnesses
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
[Reserved.]
Standard 5. Administrative Costs
Standard 5.1. [Reserved.]
Standard 5.2.
A. Contracts for public defense services &ha14 should provide for or include administrative
costs associated with providing legal representation. These costs should include but are not
limited to travel; telephones; law library, including electronic legal research; financial
accounting; case management systems; computers and software; office space and supplies;
training; meeting the reporting requirements imposed by these standards; and other costs
necessarily incurred in the day-to-day management of the contract.
B. Public defense attorneys shall have (1) access to an office that accommodates
confidential meetings with clients and (2) a postal address, and adequate telephone services to
ensure prompt response to client contact.
Standard 5.2 adopted effective October 1, 2012
Standard 6. Investigators
Standard 6.1. Public defense attorneys shall use investigation services as appropriate,
Standard 6.1 adopted effective October 1, 2012
[Reserved.]
Standards 7-12
Standard 13. Limitations on Private Practice
Private attorneys who provide public defense representation shall set limits on the amount of
privately retained work which can be accepted, These limits shall be based on the percentage of
a full-time caseload which the public. defense cases represent.
Standard 13 adopted effective October 1, 2012.
Standard 14. Qualifications of Attorneys
Standard 14.1. In order to assure that indigent accused receive the effective assistance of
counsel to which they are constitutionally entitled, attorneys providing defense services shall
meet the following minimum professional qualifications:
-A, Satisfy the minimum requirements for practicing law in Washington as determined by the
Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant
to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
D. Be familiar with the Performance Guidelines for Criminal Defense Representation
approved by the Washington State Bar Association; and
E. Be fa;niihar with the consequences of a conviction or adjudication, including possible
immigration consequences and the possibility of civil commitment proceedings based on a
criminal conviction; and
F. Be familiar with mental health issues and be able to identify the need to obtain expert
services; and
G. Coinplete seven hours of continuing legal education within each calendar year in courses
relating to their public defense practice.
Standard 14,1 adopted effective October 1, 2012
Standard 14.2. Attorneys' qualifications according to severity or type of cases:
A. Death Penalty Representation. Each attorney acting as lead counsel in a criminal case in
which the death penalty has been or may be decreed and wl-jeh the decision to seek the death
penalty has not yet been made shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii, At least five years' criminal trial experience; and
iii. Have prior experience as lead counsel in no fewer than nine jury trials of serious and
complex cases which were tried to completion; and
iv. Have served as lead or eo-counsel in at least one aggravated homicide case; and
v. Have experience in preparation of mitigation packages in aggravated homicide or
persistent offender cases; and
vi. Have completed at least one death penalty defense seminar within the previous t-wo years;
and-
vii. Meet the requirements of SPRC 2.2
1 Attorneys working toward qualification for a particular category of cases under this standard may associate with lead counsel
who is qualified under this standard for that category of cases.
SPRC 2
APPOINTMENT OF COUNSEL
At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility
for appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal, Notwithstanding RAP l S.2(f) and
(h), the Supreme Court will determine all motions to withdraw as counsel on appeal.
A list of attorneys who meet the requirements of proficiency and experience, and who have demonstrated that they are
learned in the law of capital punishment by virtue of training or experience, and thus are qualified for appointment in death
penalty trials and for appeals will be recruited and maintained by a panel created by the Supreme Court, All counsel for trial acid
appeal must have demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case,
Both counsel at trial must have five years' experience in the practice of criminal law (and) be familiar with and experienced in the
utilization of expert witnesses and evidence, and not be presently serving as appointed counsel in another active trial level Beath
penalty case. One counsel must be, and both may be, qualified for appointment in capital trials on the list, unless circumstances
exist such that it is in the defendant's interest to appoint otherwise qualified counsel learned in the law of capital punishment by
virtue of b-aining or experience. The trial court shall make findings of fact if good cause is found for not appointing list counsel,
At least one counsel on appeal must have three years' experience in the field of criminal appellate law and be learned in the
law of capital punishment by virtue of training or experience, In appointing counsel on appeal, the Supreme Court will consider
the list, but will have the Chia] discretion in the Rppoinlmerrl of counsel,
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B-
The defense teain in a death penalty case should include, at a rain imum, the two attorneys
appointed pursuant to SPRC 2, a mitigation specialist, and an investigator. Psychiatrists,
psychologists, and other experts and support personnel should be added as needed.
B. Adult Felony Cases --Class A. Each attorney representing a defendant accused of a Class
A felony as defined in RCV 9A.20.020 shall meet the following requirements.
i. The miniinum requirements set forth in Section 1; and
ii. Either:
a. has served two years as a prosecutor; or
b, has served two years as a public defender; or two years in a private criminal practice; and
iii. Has been trial counsel alone or with other counsel and handled a significant portion of the
trial in three felony cases that have been submitted to a jury.
C. Adult Felony Cases —Class B Violent Offense. Each attorney representing a defendant
accused of a Class B violent offense as defined in. RCW -9A.20.020 shall meet the following
requirements.
i. The minimum requirements set forth in Section 1; and
ii, Either;
a.. has served one year as a prosecutor; or
b, has served one year as a public defender; or one year in a private criminal practice; and
iii. Has been trial counsel alone or with other counsel and handled a significant portion of the
trial in two Class C felony cases that have been submitted to a jury.
D. Adult Sex Offense Cases, Each attorney representing a client in an adult sex offense case
shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(C); and
ii. Has been counsel alone of record in an adult or juvenile sex offense case or shall be
supervised by or consult with an attorney who has experidnce representing juveniles or adults in
sex offense cases.
E. Adult Felony Cases —All Other Class B Felonies, Class C Felonies, Probation or Parole
Revocation. Each attorney representing a defendant accused of a Class B felony not defined in
Section 2(C) or (D) above or a Class C felony, as defined in RCV 9A.20.020, or involved in a
probation or parole revocation hearing shall meet the following requirements:
i. The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a private criminal practice; and
iii. Has been trial counsel alone or with other trial counsel and handled a significant portion
of the trial in two criminal cases that have been submitted to a jury; and
iv. Each attorney shall be accompanied at his or her finest felony trial by a supervisor if
available.
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
F. Persistent Offender (Life Without Possibility of Release) Representation. Each attorney
Acting as lead counsel in a "two strikes" or "three strikes" case in which a conviction will result
in a mandatory sentence of life in prison without parole shall meet the following requirements:
1. The minimum requirements set forth in Section 1;3 and
rr. Have at least:
a. four years' criminal trial experience; and
b. one year's experience as a felony defense attorney; and
c. experience as lead counsel in at least one Class A felony trial; and
d. experience as counsel in cases involving each of the following:
1. Mental health issues; and
2. Sexual offenses, if the current offense or a prior conviction that is one of the predicate
cases resulting in the possibility of life in prison without parole is a sex offense; and
3. Expert witnesses; and
4. One year of appellate experience or demonstrated legal writing ability.
G. Juvenile Cases ---Class A, Each attorney, representing a juvenile accused of a Class A
felony shall meet the following requirements:
i, The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a private criminal practice; and
iii, Has been trial counsel alone of record in five Class B and C felony trials; and
iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor, if
available.
H. Juvenile Cases —Classes B and C. Each attorney representing a juvenile accused of a
Class B or C felony shall meet the following requirements:
i. The minimum requirements set forth in Section l; and
ii, Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a private criminal practice, end
iii. Has been trial counsel alone in five misdemeanor cases brought to a final resolution; and
iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor if
available.
3 RCW 10.101,060(1)(a)(iii) provides that cowitim receiving funding from the state Office of Public Defense under that statute
must require `attorneys who dandle the most serious cases to meet specified qualifications as set forth in the Washington state bar
association endorsed standards for public defense services or participate in at least one case consultation per case with office of
public defense resource attorneys who are so.qualifled. The most serious cases include all cases of murder in the first or second
degree, persistent offender cases, and class A felonies."
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
I, Juvenile Sex Offense Cases. Each. attorney representing a client in a juvenile sex offense
case shall meet the following requirements:
L The minimum requirements set forth in Section 1 and Section 2(H); and
ii. Has been counsel alone of record in an adult or juvenile sex offense case or shall be
supervised by or consult,with an attorney who has experience representing juveniles or. adults in
sex offense cases,
J. Juvenile Status Offenses Cases. Each attorney representing a client in a "Becca" matter
shall meet the -following requirements:
L The minimum requirements as outlined in Section 1; and
ii. Either:
a, have represented clients in at least two similar cases under the supervision of a more
experienced attorney or completed at least three hours of CLE training specific to "status
offense" cases; or
b, have participated in at least one consultation per case with a more experienced attorney
who is qualified under this section,
K. Misdemeanor Cases, Each attorney representing a defendant involved in a matter
concerning a simple misdemeanor or gross misdemeanor or condition of confinement, shall meet
the requirements as outlined in Section 1.
L. Dependency Cases. Each attorney representing a client in a dependency matter shall meet
the following requirements:
i. The minimum requirements as outlined in Section 1; and
I Attorneys handling termination hearings shall have six months' dependency experience
or have significant experience in handling complex litigation.
iii. Attorneys in dependency matters should be familiar with expert services and treatment
resources for substance abuse.
iv. Attorneys representing children in dependency matters should have knowledge, training,
experience, and ability in communicating effectively with children, or have participated in at
least one consultation per case either with a state Office of Public Defense resource attorney or
other attorney qualified under this section.
M. Civil Commitment Cases. Each attorney representing a respondent shall meet the following
requirements:
i. The minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day commitment
hearing by a supervisor; and
iii. Shall not represent a respondent in a 90 or 180 day commitment hearing unless he or she
has either:
a. served one year as a prosecutor; or
b. served one year as a public defender, or one year in a private civil commitment practice,
and
e. been trial counsel in five civil commitment initial hearings; and
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
iv: Shall not represent a respondent in a jury trial unless he or she has conducted a felony
jury trial as lead counsel; or been co -counsel with a more experienced attorney in a 90 or 180 day
commitment hearing.
N. Sex Offender "Predator" Commitment Cases. Generally, there should be two counsel on
each sex offender commitment case. The lead counsel shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii. Have at least:
a. Three years' criminal trial experience; and
b. One year's experience as a felony defense attorney or one year's experience as a criminal
appeals attorney; and
c. Experience as lead counsel in at least one felony trial; and
d. Experience as counsel in cases involving each of the following:
1. Mental health issues; and
2. Sexual offenses; and
3. Expert witnesses; and
e. Familiarity with the Civil Rules; and
f. One year of appellate experience or demonstrated legal writing ability.
Other counsel working on a sex offender commitment case should meet the minimum
requirements in Section 1 and have either one year's experience as a public defender or
significant experience in the preparation of criminal cases, including legal research and writing
and training in trial advocacy,
O. Contempt of Court Cases. Each attorney representing a respondent shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
ii, Each attorney shall be accompanied at his or her first three contempt of court hearings by
a supervisor or more experienced attorney, or participate in at least one consultation per case
with a state Office of Public Defense resource attorney or other attorney qualified in this area of
practice.
P. Specialty Couits. Each attorney representing a client in a specialty court (e.g., mental
health court, drug diversion court, homelessness court) shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
ii. The requirements set forth above for representation, in the type of practice involved in the
specialty court (e.g.; felony, misdemeanor, juvenile); and
iii. Be familiar with mental health and substance abuse issues and treatment alternatives.
Standard 14.2 adopted effective October 1, 2012
Standard 14.3. Appellate Representation. Each attorney who is counsel for a case on appeal
to the Washington Supreme Court or to the Washington Court of Appeals shall meet the
following requirements:
A. The minimum requirements as outlined in Section 1; and
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
B. Either:
i. has filed a brief with the Washington Supreme Court or any Washington Court of
Appeals in at least one criminal case within the past two years; or
ii. has equivalent appellate 'experience, including filing appellate briefs in other
jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level
briefing, or other comparable work.
C. Attorneys with primary responsibility for handling a deathpenalty appeal shall have at
least five years' criminal experience, preferably including at least one homicide trial and at least
six appeals from felony convictions, and meet the requirements of SPRC 2.
RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel alone for a
case on appeal to the Superior Court fiom a court of limited jurisdiction should meet the .
minimum requirements as outlined in Section 1, and have had significant training or experience
in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an
appellate judge, or assisting a more experienced attorney in preparing and arguing a RALJ
appeal.
Standard 14.3 adopted effective October 1, 2012
Standard 14, 4. Legal .Interns.
A. Legal interns must meet the requirements set out in APR 9.
B. Legal interns shall receive training' pursuant to APR 9, and in offices of more than seven
attorneys, an orientation and.training program for new attorneys and legal interns should be held.
Standard 14.4 adopted effective October 1, 2012
[Reserved.]
Standards 15-18
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
CERTIFICATION OF COMPLIANCE
[New]
For criminal and juvenile offender cases, a signed Certification of Compliance with
Applicable Standards must be filed by an appointed attorney by separate written certification on
a quarterly basis in each court in -which the attorney has been appointed as counsel.
The certification must be in substantially the following form:
SEPARATE CERTIFICATION FORM
Court of Washington
for
State of Washington 1
VS.
Plaintiff
Defendant
The undersigned attorney hereby certifies:
No.
CERTIFICATION OF APPOINTED COUNSEL OF
COMPLIANCE WITH STANDARDS REQUIRED
By CrR 3.1/CrRLJ 3.1/JuCR 9.2
1. Approximately % of my total practice time is devoted to indigent defense cases.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys
appointed to represent indigent persons and that:
a. Basic Qualifications; I meet the muumuni basic professional -qualifications in Standard
14,1.
b. Office: I have access to an office that accommodates confidential meetings with clients,
and I have a postal address and adequate telephone services to ensure prompt response to client
contact, in compliance with Standard 5.2.
c. Investigators: I have investigators available to me and will use investigation services as
appropriate, in compliance with Standard 6.1.
d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my
cases. [Effective September 1, 2013: I should not accept a greater number of cases (or a
proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of
time spent for indigent defense is less than full time, and taking into account the case counting and
weighting system applicable in my jurisdiction.]
C. Specific Qualifications; 1. meet the specific qualifications in Standard 14.2, Sections B-K,
[Effective September 1, 2013.1
Agreement for Public Defender Services Exhibit A
Resolution 2012-22
Exhibit B
Defendant's Lawyer, WSBA No, Date
Agreement for Public Defender Services Exhibit A