HomeMy WebLinkAboutord1984-0221
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INTRODUCED BY: ROEHL
PROPOSED BY: COLE & ROEHL
DATE:' February 2, 1984
ORDINANCE NO. 84 -22
AN ORDINANCE AMENDING ORDINANfCE NO. 82 -22,
AN ORDINANCE TO ESTABLISH A IHATCOM COUNTY
PUBLIC DEFENDER DISTRICT AND' To ESTABLISH
THE OFFICE OF PUBLIC DEFENDEJ� AND THE
PUBLIC DEFENSE. ADVISORY COMMi!TTEE
NOW, THEREFORE, BE IT ORDAINED pu�jsuant to the Revised Code of
Washington 36.26 and the Whatcom Countj,r Charter:
SECTION 1 ESTABLISHMENT OF DISTRICT
There is hereby created the Whatc� ?m County Public Defender
District.
SECTION 2 ESTABLISHMENT OF OFFICJ'
There is hereby established the OPice of Public Defender for
said Defender District.
SECTION 3 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 th'P State of Washington and
Whatcom County.
SECTION 4 COMPENSATION AND STAFF
The Public Defender shall receive such compensation and shall
have such staff as may be provided for in the annual Current Expens
Budget of Whatcom County for said offi(,e.
SECTION 5 TIME OF ESTABLISHMENT
The Office of Public Defender esti�blished by this Ordinance
shall commence functioning as soon as ;possible after appropriation
for such purpose are approved.
SECTION 6 GOVERNING REGULATIONS
The established Office of Public ;Defender for Whatcom County
I will be governed by all laws, ordinance and Charter -of Whatcom
2 County, and the laws of the State of Wa,Fhington.
3 SECTION 7 STANDARDS OF CONDUCT
4 All attorneys employed by the OffiFe of Public Defender shall
5 adhere to the Washington State Bar Association and American Bar
6 Association standards of conduct for thF defense of the criminally
7 accused.
8 SECTION 8 CONFLICT OF INTEREST
9 The Public Defender-shall notify t�e Assigned Counsel Director
10 of any apparent conflict of interest in any particular case, and
11 the Assigned Counsel Department shall, in turn, assign such cases
12 to outside firms.
13 SECTION 9 ADVISORY COMMITTEE
14 There is establsihed a.Public DefeFse Advisory Committee whit
15 shall be composed of;
16 a) One (1) Superior Court Judge, appointed by the presiding
Superior Court Judge
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b) One (1) District Court Judge, appointed by the Senior
18 District Court Judge
19 c) One (1) appointee by the Whatc.pm County Bar Association
from its membership, not canner ted with-the office of
20 the Prosecuting Attorney, the�ffice fo the Public
Defender, or with any-conflict of interest cases from
21 the Assigned Counsel Office of Whatcom County
22 d) One (1) non - lawyer appointed by the County-Council
23 3) One (1) member of the County Founcil appointed by the
Council
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All positions on the Advisory Committee will be appointed by
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January 31st on an annual basis, with 't!�e exception: of positions
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C and D above the terms' 'of' off ice of ar ich shall be two '(2) years,.
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commencing February 1, 1984. Positions C and D shall be limited
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to not more than two (2) consecutive full terms.
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The Advisory Committee shall advise the County Executive and
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County-Council on matters-regarding the defense of the indigent.
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It shall meet at least twice a year an it regular ba-s s at. leastr
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heap times a yeap; and submit its- obser,vations-of the Public Defender
system to the / / / / / / / / / ///
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Executive and Council not less than annµally. It shall serve as
the Selection Committee to fulfill the functions of Section 10 of
this ordinance.
The Public Defender may be terminated.by the County Executive
for just cause. Prior to taking such action, the County Executive
shall refer the matter to the Advisory Fommittee, which shall
conduct a review of, issues or conduct involved and promptly report
back to the County Executive with its written recommendations.
Said report will also be-provided to the Council.
SECTION 10 SELECTION COMMITTEE
The Selection Committee will screen all applicants under the
guidance of the Personnel Office for the position of Public Defe
and submit the top three (3) finalists to the Executive. The
Executive will then submit his proposed appointment of one of the
finalists to Council for its concurrence or rejection.
APPROVED this 1st day of March 1984.
WH TCOM gpUNTY COUNCIL
AZ COM q QVNTY/ WA W I NGTON
uraig
Chairp rgon
ATTEST:
( �) APPRgf ED (.. ) VETQED
Clerk of the Co cil G►.�.
Shirley Zante
APPROVED AS FORM : � I
Executiv
Civil Deputy Brosecuting
Attorney D TE-
Published.on 2/8 and--_2L7 1984.
This ordinance becomes effective 3/12 1984.
M