Resolution 6886
0006.16115
RPB /tw
08/12/89
RESOLUTION NO. 688
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, ADOPTING STANDARDS FOR
PUBLIC DEFENSE SERVICES AS MANDATED BY THE
WASHINGTON STATE LEGISLATURE.
WHEREAS, the Edmonds City Council acknowledges that the
Washington State Legislature enacted Chapter 409, Laws of 1989
and this new law requires all cities to establish standards for
public defense services, and
WHEREAS, this resolution is necessary to comply with
the newly enacted state statute,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to Chapter 409 of the Laws of
1989, the Edmonds City Council adopts the Public Defense Services
Standards which are attached hereto as Exhibit A and incorporated
herein by this reference.
RESOLVED this 22nd day of August , 1989.
FILED WITH THE CITY CLERK: August 12, 1989
PASSED BY THE CITY COUNCIL: August 22, 1989
RESOLUTION NO. 688
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Exhibit A
STANDARDS FOR PUBLIC DEFENSE SERVICES
1) Compensation of counsel: Public defense attorneys and staff
should be compensated at a rate commensurate with their
training and experience.
2) Duties and responsibilities of counsel: Public defense
attorneys shall represent their clients in accordance with
the Rules of Professional Conduct.
3) Case load limits: The case load of public defense attorneys
should allow each lawyer to give each client Ahe time and
effort to ensure effective representation.
4) Responsibility for expert witness fees and other costs
associated with representation: Expert witness and other
costs associated with the representation shall be governed by
applicable court rules and statutes. Examples of such costs
include breathalyzer /BAC machine expert witnesses and the
cost of blood - alcohol tests.
5) Administrative expenses/ support services: Adequate numbers
of support staff should be employed to insure effective
representation of counsel.
6) Reports of attorney activity and vouchers: The firm or
attorney shall submit monthly vouchers to the City for
payment. Each voucher shall include a list of cases assigned
for the previous month.
7) Training, supervision, monitoring and evaluation of
attorneys: Attorneys providing public defense services
should participate in regular training programs on criminal
defense law, including a minimum of 7 hours of continuing
legal education in criminal law and trial practice. Firms
providing such services should also develope internal
supervision, monitoring and evaluation standards.
8) Substitution of attorneys or assignment of contracts: The
City shall employ additional qualified attorneys to represent
defendants whenever the public defense attorneys have a
conflict of interest under the Rules of Professional Conduct.
9) Limitation on private practice of contract attorneys:
Attorneys engaged in a private practice who also provide
public defense services should limit their private practice
responsibilities whenever necessary to ensure effective
representation of public defense clients.
10) Qualifications of attorneys: The attorney(s) must meet
accepted professional standards. Contracts will only be
awarded to attorneys who have at least one year's criminal
trial experience in the jurisdiction covered by the contract
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I It
or to a firm where at least one attorney has one year's trial
experience.
11) Disposition of client complaints: The attorney or firm shall
develop and implement a mechanism for thoughtful review and a
prompt response to each complaint received about public
defense services.
12) Cause for termination of contract or removal of attorney: A
violation of the Rules of Professional Conduct shall
constitute sufficient cause for termination of a public
defense contract or removal of an attorney.
13) Nondiscrimination: Offices which contract with the City for
public defense services shall not discriminate in their
hiring practices on the basis of race, creed, color, religion
or sex, as well as sensory, mental or physical handicaps.
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THESE MINUTES SUBJECT TO
SEPTEMBER 5, 1989 APPROVAL
EDMONDS CITY COUNCIL MINUTES
AUGUST 22, 1989
(WORK MEETING)
The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry
Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute.
PRESENT STAFF
Larry Naughten, Mayor
Mary Lou Block, Planning Div. Mgr.
Bill Kasper, Council President
Art Housler, Admin. Svc. Director
Steve Dwyer, Councilmember
Jack Weinz, Fire Chief
Laura Hall, Councilmember
Brent Hunter, Personnel Mgr.
Roger Hertrich, Councilmember
Peter Hahn, Comm. Svc. Director
Jo -Anne Jaech, Councilmember
Bob Alberts, City Engineer
John Nordquist, Councilmember
Dan Prinz, Police Chief
Jack Wilson, Councilmember
Scott Snyder, City Attorney
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Jackie Parrett, City Clerk
AUTHORIZED TO PURCHASE
Margaret Richards, Recorder
Councilmember Dwyer arrived a few minutes late and did not vote on any item preceding Item (K) on
the Consent Agenda.
rnNUNT AfFNnA
Items (B) and (K) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY
COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved
items on the Consent Agenda include the following:
(G) ADOPTED ORDINANCE 2735 VACATING A PORTION OF 68TH AVE. W., LYING BETWEEN MEADOWDALE
BEACH RD. AND 174TH ST. S.W. (ST -4 -83)
(H) AUTHORIZATION TO PROCEED WITH NEXT PHASE OF BASIN STUDIES
(I) REJECTION OF BID FOR TENNIS COURT RESURFACING PROJECT
(J) ADOPTED ORDINANCE 2736 AMENDING EDMONDS CITY CODE RELATING TO IMPOUND OF VEHICLES
PROPOSED RESOLUTION 688 ADOPTING STANDARDS FOR PUBLIC DEFENDER SERVICES AS MANDATED BY WASHINGTON
STATE LEGISLATURE LITEM K ON THE CONSENT AGENDAI I f
Councilmember Nordquist inquired if the City Attorney's office would monitor the requirements.
City Attorney Scott Snyder said he thought it would be inappropriate for his firm to monitor the
requirements since they will act as the prosecutors.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT RESOLUTION 688 AND
INCLUDE REVIEW BY THE PUBLIC SAFETY COMMITTEE OF ITEM 7 (Training, Supervision, Monitoring, and
Evaluation of Attorneys) and 10 (Qualifications of Attorneys). MOTION CARRIED:'
CWC -HDR MONTHLY REPORT
' Bud Benges, CWC -HDR, Inc., reported that the project is maintaining its schedule. He said, howev-
er, there is concern that the contractor may not have addressed certain testing requirements
(A)
ROLL CALL
(C)
ACKNOWLEDGMENT OF RECEIPT
OF CLAIM FOR DAMAGES FROM PHYLLIS A. WALDRON ($250)
(D)
AUTHORIZATION TO INCREASE
PETTY CASH PURCHASING DOLLAR AMOUNT
(E)
REVISE PURCHASING POLICY
BY INCREASING THE DOLLAR AMOUNT DEPARTMENT DIRECTORS ARE
L„rtu'�c/
AUTHORIZED TO PURCHASE
(F)
ACCEPTANCE OF QUIT CLAIM
DEED FROM J.C. LASSWELL, JR., AND SUZANNE M. LASSWELL FOR
RIGHT -OF -WAY ADJACENT TO
MEADOWDALE BEACH RD.
(G) ADOPTED ORDINANCE 2735 VACATING A PORTION OF 68TH AVE. W., LYING BETWEEN MEADOWDALE
BEACH RD. AND 174TH ST. S.W. (ST -4 -83)
(H) AUTHORIZATION TO PROCEED WITH NEXT PHASE OF BASIN STUDIES
(I) REJECTION OF BID FOR TENNIS COURT RESURFACING PROJECT
(J) ADOPTED ORDINANCE 2736 AMENDING EDMONDS CITY CODE RELATING TO IMPOUND OF VEHICLES
PROPOSED RESOLUTION 688 ADOPTING STANDARDS FOR PUBLIC DEFENDER SERVICES AS MANDATED BY WASHINGTON
STATE LEGISLATURE LITEM K ON THE CONSENT AGENDAI I f
Councilmember Nordquist inquired if the City Attorney's office would monitor the requirements.
City Attorney Scott Snyder said he thought it would be inappropriate for his firm to monitor the
requirements since they will act as the prosecutors.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT RESOLUTION 688 AND
INCLUDE REVIEW BY THE PUBLIC SAFETY COMMITTEE OF ITEM 7 (Training, Supervision, Monitoring, and
Evaluation of Attorneys) and 10 (Qualifications of Attorneys). MOTION CARRIED:'
CWC -HDR MONTHLY REPORT
' Bud Benges, CWC -HDR, Inc., reported that the project is maintaining its schedule. He said, howev-
er, there is concern that the contractor may not have addressed certain testing requirements