940 StandardsSTANDARD ONE: Qualifications of Counsel and Assignment of Contract
Standard:
In order to assure the indigent accused receive the effective assistance of counsel to which they are
constitutionally entitled, attorneys providing defense services should meet the following min;mum
professional qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as determined by the
Washington Supreme Court;
B. And be familiar with the statues, court rules, constitutional provisions, and case law relevant
to their practice area; and
C. Be familiar with the collateral consequences of a conviction, including possible immigration
consequences and the possibility of civil commitment proceedings based on a criminal
convictions; and
D. Be familiar with mental health issues and be able to identify the need to obtain expert services;
and
E. Complete seven hours of continuing legal education within each calendar year in courses
relating to their public defense practice.
Under no circumstances should a contract be awarded on the basis of cost alone. Contracts should only be
awarded to a) attorneys who have at least one year's criminal trial experience in the jurisdiction covered by
the contract, or b) to a firm where at least one attorney has one year's trial experience.
City attorneys, county prosecutors, and law enforcement officers should not select the attorneys who will
provide indigent defense services.
The attorney engaged by local government to provide public defense services should not sub-contract with
another firm or attorney to provide representation and should remain duectly involved in the provision of
representation. If the contract is with a fum or office, the contracting authority should request the names
and experience levels of those attorneys who will actually be providing the services, to ensure they meet
minimum qualifications.
Neither the Contracting Authority, in its selection of an attorney, firm or agency to provide public defense
representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall
discriminate on the grounds of race, color, religion, national origin, age, marital status, gender, sexual
orientation or disability. Both the contracting authority and the contracior shall comply with all federal,
state, and local non-discrimination requirements.
STANDARD TWO: Compensation of Counsel
Standard:
Public defense attomeys and staff should be compensated at a rate commensurate with their training and
experience. Compensation should reflect the time and labor required to be spent by the attorney and the
degree of professional experience demanded by the case. Assigned counsel should be compensated for out-
ofpocket expenses.
STANDARD THREE: Duties and Responsibilities of Counsel
Standard:
The legal representation plan shall require that defense services be provided to all clients in a professional,
skilled manner consistent with minimum standards set forth by the American Bar Association, applicable
state bar association standards, the Rules of Professional Conduct, case law and applicable court rules
defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most
fundamental responsibility is to promote and protect the best interests of the client.
STANDARD FOUR: Training of Counsel, Complaints, Termination
Standard:
The legal representation plan shall require that attorneys providing public defense services participate in
regular training programs on criminal defense law, including a minimum of seven hours of continuing legal
education annually in areas relating to their public defense practice.
Each agency or firm or individual contract attorney providing public defense services shall have a method
to respond promptly to client complaints. Complaints should first be duetted to the attorney, firm or
agency which provided representation. If the client feels that he or she has not received an adequate
response, the contracting authority or public defense administrator should designate a person or agency to
evaluate the legitimacy of complaints and to follow up meritorious ones. The complaining client should be
informed as to the disposition of his or her complaint within one week.
Contract for indigent defense services shall include the grounds for termination of the contract by the
parties. Termination of a provider's contract should only be for good cause. Termination for good cause
shall include the failure of the attorney to render adequate representation to clients; the willful disregard of
the rights and best interests of the client; and the willful disregard of the standards herein addressed.
STANDARD FIVE: Caseload Reporting of Counsel and Limitations Practice
Standard:
The caseload of public defense attorneys should allow each lawyer to give each client the time and effort
necessary to ensure effective representation. Neither defender organizations, county offices, contract
attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere
with the rendering of quality representation,
A case is defined as the filing of a document with the court naming a person as defendant or respondent, to
which a public defense attorney is appointed in order to provide representation.
Caseload limits should be determined by the number of cases being accepted and on the local prosecutor's
charging and plea bargaining practices. In jurisdictions where assigned counsel or contract attorneys also
maintain private law practices, the contracting agency should ensure that atlomeys not accept more cases
than they can reasonably discharge. In these situations, the caseload should be based on the percentage of
time the lawyer devotes to public defense.
The legal representation plan shall require that the defense attorney or office maintain acase-reporting and
management information system which includes number and type of cases, attorney hours and disposition.
This information shall be provided regularly to the Contracting Authority and shall also be made available
to the Office of the Administrator of the Courts. Any such system shall be maintained independently from
client files so as to disclose no privileged information.
For attorneys under contract, payment should be made monthly, or at times agreed to by the parties,
without regard to the number of cases closed in the period.
Contracts for public defense representation with private attorneys or fums shall set limits on the amount of
privately retained work which can be accepted by the contracting attorney. These limits shall be based on
the percentage of a full-time caseload which the public defense cases represent.