HomeMy WebLinkAboutord2023-003'
Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2023-069
File ID:
AB2023-069
Version: 1
Status: Adopted
File Created:
01/12/2023
Entered by: MWinter@co.whatcom.wa.us
Department:
Prosecuting
File Type: Ordinance
Attorney's Office
Assigned to:
Council Criminal Justice and Public Safety Committee
Final Action: 02/07/2023
Agenda Date:
02/07/2023
Enactment #: ORD 2023-003
Primary Contact Email: mwintcr@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 2.09 to conform with newly adopted and amended Court
rules
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
See ordinance.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
01/24/2023 Council INTRODUCED Council Criminal Justice and
Public Safety Committee
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
02/07/2023 Council Criminal Justice and Public RECOMMENDED FOR
Safety Committee ADOPTION
Aye: 3 Buchanan, Byrd, and Frazey
Nay: 0
Absent: 0
02/07/2023 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 211012023
Agenda Bill Master Report Continued (AB2023-069)
Attachments: Agenda Bill Master Report, Proposed Ordinance
Whatcom County Page 2 Printed on 211012023
1 PROPOSED BY: Prosecutor's Office
2 INTRODUCTION DATE: 1/24/2023
3
4 ORDINANCE NO. 2023-003
5
6 AMENDING WHATCOM COUNTY CODE CHAPTER 2.09
7 TO CONFORM WITH NEWLY ADOPTED AND AMENDED COURT RULES
8
9 WHEREAS, on February 1, 2021, the Washington State Supreme Court amended
10 Superior Court Criminal Rule 3.1 standards for indigent defense; and
11
12 WHEREAS, on February 1, 2021, the Washington State Supreme Court amended
13 Criminal Rule for Courts of Limited Jurisdiction 3.1 standards for indigent defense; and
14
15 WHEREAS, on February 1, 2021, the Washington State Supreme Court amended
16 Juvenile Court Rule 9.2 standards for indigent defense; and
17
18 WHEREAS, the public defense standards of conduct established in Whatcom County
19 Code (WCC) 2,09.070 do not incorporate the newly adopted standards of conduct outlined
20 by the Washington State Supreme Court in Superior Court Criminal Rule 3.1, Criminal Rule
21 for Courts of Limited Jurisdiction 3.1, and Juvenile Court Rule 9.2;
22
23 WHEREAS, on June 9, 2022, the Washington State Supreme Court adopted General
24 Rule (GR) 42; and
25
26 WHEREAS, the purpose of GR 42 is to safeguard the independence of public defense
27 services from judicial influence or control; and
28
29 WHEREAS, GR 42(d)(1) states that, "Judges and judicial staff in superior courts and
30 courts of limited jurisdiction shall neither manage nor oversee public defense services...";
31 and
32
33 WHEREAS, the Public Defense Advisory Committee as established in Whatcom
34 County Code (WCC) 2.09.090 is in conflict with the newly adopted GR 42 as it includes a
35 district court judge and a superior court judge as members; and
36
37 WHEREAS, the code can be brought into conformance with the newly adopted
38 standards of conduct outlined by the Washington State Supreme Court in Superior Court
39 Criminal Rule 3.1, Criminal Rule for Courts of Limited Jurisdiction 3.1, Juvenile Court Rule
40 9.2 and GR 42 with the following amendments; and
41
42 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC
43 2.09 is hereby amended as outlined in Exhibit A to this ordinance.
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BE IT FURTHER ORDAINED that, unless specifically amended by this ordinance, all
other provisions of chapter 2.09 WCC shall remain in full force and effect.
ADOPTED this 7th day of February 4 2023.
A�fE�Y� OVN�
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Da a BroWn: a V iulerk -of nciI
APPROVED AS TO FORM:
/s/ Karen Frakes approved via email on 1/18/23/MR
Civil Deputy Prosecutor
Page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Sidhu,
County Executive
(,,_�pprovecl ( Denied
Date Date Signed: 2113
2.09.070 Standards of Conduct.
As standards for public defense services required by RCW 10.101.030, Whatcom
County adopts by reference the Standards for Indigent Defense Services (SID) articulated
by the Washington Supreme Court in Superior Court Criminal Rule 3.1, Criminal Rule for
Courts of Limited Jurisdiction 3.1, and Juvenile Court Rule 9.2. For those standards reserved
by the court in the aforementioned court rules, but required by RCW 10.101.030, Whatcom
County adopts by reference the relevant standards applied to private attorneys defending
paying clients and the Standards for Public Indigent Defense Services adopted by the
Washington State Bar Association as standards for public defense services until those
standards are addressed by the court in the aforementioned court rules.
2.09.090 Advisory committee.
There is established a public defense advisory committee which shall be composed
of:
A. One current or former director of a county public defender agency, appointed by
the county executive;
B. One current Whatcom County department head, other than the public defender,
sheriff or prosecuting attorney, appointed by the county executive;"