HomeMy WebLinkAboutCriminal Justice Jun 6 2023Whatcom County
Council Criminal Justice and Public Safety Committee
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, June 6, 2023
11:20 AM
Hybrid Meeting
HYBRID MEETING - ADJOURNS BY NOON, MAY BEGIN EARLY
(PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT
www.whatcomcounty.us/joinvirtualcouncil, OR CALL 360.778.5010)
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Carol Frazey
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Criminal Justice and Public Committee Minutes - Final June 6, 2023
Safety Committee
Call To Order
Roll Call
Committee Chair Barry Buchanan called the meeting to order at 11:20 a.m.
in a hybrid meeting.
Present: 3 - Barry Buchanan, Tyler Byrd, and Carol Frazey
Also Present: Todd Donovan, Ben Elenbaas, Kaylee Galloway, and Kathy Kershner
Announcements
Special Presentation
1. AB2023-364 Report from the Public Defender's Office
Stark Follis, Public Defender, reported about the prevailing issue of
caseloads. He stated the five positions added to the Public Defender's
Office with American Rescue Plan Act (ARPA) funds have only allowed
them to tread water. He stated most of their problem is in Superior Court
(over the last four or five years, less serious cases have been replaced with
serious violent and high -property -damage cases) and in his view, that has a
lot to do with the percentage of the people who are in the jail pre-trial, and
because those cases are more difficult to resolve, they take more attorney
time. As staffing increases in the Sheriff's Office, Prosecutor's Office and
Bellingham Police Department, the cases increase for the Public
Defender's Office. When more cases come in the door than go out, the
pending caseloads go up and that creates higher job dissatisfaction with our
lawyers and makes it harder to recruit and retain people.
The ways to bring case numbers down would be to either reduce the crime
rate or implement more diversified and complete diversion type programs
to keep the cases from coming into his office at all. He has talked to people
in both the Prosecutor's Office and the Sheriff's Office about an idea of
diverting lower -level property offenses from Superior Court to Bellingham
Municipal Court and getting them out of "felony -land" which is based on a
$750 threshold. The Prosecutor has also implemented "direct filing" where
lower -level property offenses are filed in District Court as a misdemeanor
with a timeframe for their resolution.
He answered, if something goes to Municipal Court, whether the City is
responsible for finding defenders and stated they are. He answered whether
it is attorneys that decide the $750 threshold and stated it is the State. He
answered how many people it might take out, whether it is something that
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Council Criminal Justice and Public Committee Minutes - Final June 6, 2023
Safety Committee
the Council can dictate or whether it is up to the prosecuting attorney, and
what the ask is for the Council,
Stark stated that having more people go through Mental Health and Drug
Courts does not solve his problem. He spoke about the Legal Intervention
and Network of Care (LINO) program in King County which diverts people
who have been found not competent and who need a restoration to a
community -based services program instead of having them sit in the jail.
He also stated we have a real problem in this community with the absence
of conflict council and answered what happens to people if the Public
Defender cannot represent them and they cannot get other conflict counsel,
and whether peer pressure would help in getting attorneys to take on some
of these cases.
He spoke about some positive efforts and stated they are embarking on a
project to take over Ferndale Municipal Court defense so Ferndale is
probably going to fund the Public Defender for a couple of lawyers and a
legal assistant as well as deferring some of the cost of the building and
maintenance. The case management system has also been a great thing and
County Facilities has put together some plans to remodel their office.
Stark and Tyler Schroeder, Director of Administrative Services, answered
questions about the ten ARPA-funded positions in the office and what will
happen to those.
This agenda item was REPORTED.
Items Added by Revision
Other Business
Adiournment
There were no agenda items added by revision.
There was no other business.
The meeting adjourned at 11:50 a.m.
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Council Criminal Justice and Public Committee Minutes - Final June 6, 2023
Safety Committee
ATTEST:
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Dana Brirvy 4"au�s \O- x o cil Clerk
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Kristi Felbinger, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Barry Buchanan -via email 6/30/2023
Barry Buchanan, Committee Chair
Wkatcom County Page 3