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waft 2
DATE: 'March 18, 1982
INTRODUCED BY: Van Zanten
PROPOSED BY: Executive
ORDINANCE NO. '82-22
AN ORDINANCE TO ESTABLISH A WHATCOM COUNTY
PUBLIC DEFENDER DISTRICT AND TO ESTABLISH
THE OFFICE OF PUBLIC DEFENDER
NOW, THEREFORE, BE IT ORDAINED pursuant to the Revised Code of
Washington 36.26 and the Whatcom County Charter:
SECTION 1 ESTABLISHr +TENT OF DISTRICT
There is hereby created the Whatcom County Public Defender
District.
SECTION 2 ESTABLISHMENT OF OFFICE
There is hereby established the Office of Public Defender for
said Defender District.
SECTION 3 FUNCTIONS, DUTIES, AND P01ERS
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.
SECTION 4 COMPENSATI0N 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 office.
SECTION 5 TIME OF ESTABLISHMENT
The Office of Public Defender established by this Ordinance
shall commence functioning as soon as possible after appropriations
for such purpose are approved.
SECTION 6 GOVERNING REGULATIONS
The established Office of Public Defender for Whatcom County
will be governed by all laws, ordinances, and Charter of Whatcom
County, and the laws of the State of Washington
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SECTION 7 STANDARDS OF CONDUCT
All attorneys employed by the Office of Public Defender shall
adhere to the Washington State Bar Association and American Bar
Association standards of conduct for the defense of the criminally
accused.
SECTION 8 CONFLICT OF INTEREST
The Public Defender shall notify the Assigned Counsel Director
of any apparent conflict of interest in any particular case, and
the Assigned Counsel Department shall, in turn, assign such cases
to outside firms.
SECTION 9 ADVISORY COMMITTEE
There is established a Public Defense Advisory Committee which
shall be composed of:
a. One (1) Superior Court Judge, appointed by the Presiding
Superior Court Judge
b. One (1) District Court Judge, appointed by the Senior
District Court Judge
C. One (1) appointee by the Whatcom County Bar Association
from its membership, not connected with the office of
the Prosecuting; Attorney, the office of the Public
Defender, or with any conflict of interest cases from
the Assigned Counsel Office of Whatcom County
d. One (1) non - lawyer appointed by the County Council
e. One (1) member of the County Council appointed by the
Council
All positions on the Advisory Committee will be appointed by
January 31st on an annual basis. Positions C and D shall be limitec
to not more than two (2) consecutive full terms.
The Advisory Committee shall advise the County Executive and
County Council on matters regarding; the defense of the indigent.
It shall meet on a regular basis at least four times per year, and
submit its observations of the Public Defender system to the
Executive and Council not less than annually. It shall serve as
the Selection Committee to fulfill the .functions of Section 10 of
this ordinance.
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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 Committee, which shall
conduct a review of issues or conduct involved and promptly report
back to the County Executive with its written recommendations. Saic
report will also be provided to the Council.
SECTION 10 SELECTION COP,MITTEE
The Selection Committee will screen all applicants under the
guidance of the Personnel Office for the position of Public Defender
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 day 15th of April 1982.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl, Chairman
ATTEST:
A / / / 6j /��
Clerk of the Cou cil (}Q APPROVED ( ) VETOED
John ouws, Executive
Published on April 1 and April 23, 1982
This ordinance becomes effective April 26, 1982