HomeMy WebLinkAboutord2020-048AOM%kWhatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2020-371
File ID: AB2020-371 Version: 1 Status: Adopted
File Created: 09/03/2020 Entered by: TAdrian@co.whatcom.wa.us
Department: Prosecuting File Type: Ordinance
Attorney's Office
Assigned to: Council Finance and Administrative Services Committee Final Action: 09/29/2020
Agenda Date: 09/29/2020 Enactment #: ORD 2020-048
Primary Contact Email: aroche a,co.whatcom.wa.us<maiIto: groche(ii1co.whatcom.wa.us>
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 2.09, Public Defender, to reflect current standards of
practice outlined under RCW 10.101.030 and the ethical standards relating to conflicts of interest
outlined by Washington court rules of professional conduct
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See attachments
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
09/15/2020 Council INTRODUCED Council Finance and
Administrative Services
Committee
Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 Elenbaas
Absent: 0
09/29/2020 Council Finance and Administrative RECOMMENDED FOR
Services Committee ADOPTION
Aye: 3 Browne, Byrd, and Kershner
Nay: 0
Absent: 0
09/29/2020 Council ADOPTED
Aye: 6 Browne, Buchanan, Donovan, Frazey, Elenbaas, and Kershner
Whatcom County Page 1 Printed on 913012020
Agenda Bill Master Report Continued (AB2020-371)
Nay: 0
Absent: 0
-emp Absent: 1 Byrd
Attachments: Proposed Ordinance, Draft revision WCC Ch.2.09 final draft
Whatcom County Page 2 Printed on 913012020
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
PROPOSED BY: Whatcom County Public Defender
INTRODUCTION DATE:
ORDINANCE NO. 2020-048
AMENDING WHATCOM COUNTY CODE (WCC) 2.09, PUBLIC DEFENDER, TO REFLECT
CURRENT STANDARDS OF PRACTICE OUTLINE UNDER RCW 10.101.030 AND THE
ETHICAL STANDARDS RELATING TO CONFLICTS OF INTEREST OUTLINED BY
WASHINGTON COURT RULES OF PROFESSIONAL CONDUCT
WHEREAS, chapter 2.09 WCC, Public Defender, was most recently adopted in
Ordinance No. 2020-042 on August 5, 2020;
WHEREAS, in July, 2005, Washington State Law regarding the standards for public
defender services was expanded under RCW 10.101.030, which requires counties to adopt
standards that include: compensation of counsel, duties and responsibilities of counsel, case
load limits and types of cases, responsibility for expert witness fees and other costs
associated with representation, administrative expenses, support services, reports of
attorney activity and vouchers, training, supervision, monitoring and evaluation of
attorneys, substitution of attorneys or assignment of contracts, limitations on private
practice of contract attorneys, qualifications of attorneys, disposition of client complaints,
cause for termination of contract or removal of attorney, and nondiscrimination.
WHEREAS, WCC 2.09.070 currently set standards of conduct consistent with State
Bar association standards, but fails to specifically articulate the standards as prescribed by
RCW 10.101.030;
WHEREAS, WCC 2.09.080 currently set standards regarding conflicts that are not
consistent with standards of ethical practice under the Washington State's rules of
professional conduct;
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC
2.09.070 and 2.09.080 are hereby amended as shown in the attached Exhibit A.
ADOPT ,P�th) j�S, 29th day of Septe
04r
ATTE
Dana "1 w=l�av Jerif the ;o cil
° °
APPR , VED�A�TC3 sQRM
Civil Deputy Prosecutor
tuber , 2020.
WHATCOM COUNTY COUNCIL
ATCO N WASHINGTON
arr Buchanan, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Sidhu
County Executive
AJA
Approved ( ) Denied
Date Signed: /0 r/06A20;�t)
EXHIBIT A
2.09.070 Standards of conduct.
As standards for public defense services, Whatcom County adopts by reference the standards
applied to private attorneys defending paying clients and the Standards for Public Defense
Services adopted in 1989 by the Washington Defender Association and approved by the
Washington State Bar Association as the standards for public defense services in Whatcom
County, as required by RCW 10.101.030.. (Ord. 84-22 § 7; Ord. 82-22 § 7).
2.09.080 Conflict of interest.
The public defender shall notify the assigned counsel director of any conflict of interest that
prevents the public defender from continuing to represent a client in any particular case, and the
assigned counsel department shall, in turn, assign such cases to outside firms (Ord. 84-22 § 8;
Ord. 82-22 § 8).