HomeMy WebLinkAboutord1988-0071
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INTRODUCED BY: Consent
PROPOSED BY: Finance
DATE: January 7, 1988
ORDINANCE NO. 88 -7
AN ORDINANCE AMENDING WHATCOM COUNTY
CODE SECTION 2.09.030 THE DUTIES OF THE
PUBLIC DEFENDER
WHEREAS, the Washington State Law creates the right
for individuals in a dependency proceeding to receive counsel;
and,
WHEREAS, it is the State's option to proceed with
these dependency proceedings and to incur the costs associated
with them; and,
WHEREAS, the State is obligated to pay for the costs
associated with these dependency proceedings rather than the
Whatcom County Council..
NOW, THEREFORE, BE IT ORDAINED that:
Whatcom County Code Section 2.09.030 shall be amended
to read as follows:
2.09.030 Functions, duties, and powers. The
functions, duties, and powers of the office of public defender
shall be as prescribed by the Revised Code of Washington 36.26,
and other applicable laws of the state of Washington and Whatcom
County/. that as of February 1. 1988. the Whatcom County
Public Defenders Office shall not participate in any new
dependency petitions either as counsel of the child or parents
without first having an agreement with the State of Washinqton
for reimbursement for its costs.
- Ordinance - .1.
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BE IT FURTHER ORDAINED that:
For dependency petitions which are now pending.
Whatcom County will pay the practitioners who are acting under
contract with the County but Whatcom County will seek
reimbursement from the state for its costs.
BE IT FURTHER ORDAINED that:
Whatcom County will bear no other or further costs
directly related or associated with dependency proceedings filed
after February 1. 1988, including, but not limited to, the costs
of court appointed guardians ad litem, and further that Whatcom
County will seek reimbursement from the State of Washington for
those costs which Whatcom County has or will incur.
BE IT FURTHER ORDAINED that:
Severability.
Should any part of this Ordinance be declared
illegal. the validity of the remaining provisions shall not be
affected. And should it appear that any provision of this
Ordinance is in conflict with any statutory provision of the
State of Washington, then said Ordinance provision shall be
deemed to be inoperative and null and void insofar as they are
- Ordinance - 2.
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in conflict therewith and shall be modified to conform to such
statutory provision.
DATED this 21st day of January , 1987.
ATTEST:
CAROL EBERGSON
Clerk of the Council
APPROVED AS TO FORM:
RA 14DALL J ATTS
Chief Civi Deputy
Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
f
TOM BURTON , Chair
( ✓) APPROVED ( ) VETOED
U1. U4""
SHIRLEY VAN ZAN
County Executive
January 22, 1988
Date Signed by Executive
Published on January 13 & January 27, 1988
Ordinance becomes effective February 1, 1988
- Ordinance - 3.