Drafter
Clerk 03/28/2013
Title
A MOTION relating to the implementation timeframe for reorganizing public defense services in King County.
Body
WHEREAS public defense services are mandated by the United States Constitution, the Washington State Constitution and state law, and
WHEREAS the Sixth Amendment of the United States Constitution and Article I, Section 22 of the Washington State Constitution guarantee assistance of counsel to every citizen accused of a matter where loss of liberty is possible, and
WHEREAS since the 1970s King County has contracted with private, nonprofit corporations for the provision of most indigent public defense services, and
WHEREAS these corporations were viewed by the county as independent contractors and these corporations' employees therefore did not receive King County benefits nor were they enrolled in the Public Employees' Retirement System, and
WHEREAS, in January 2006, a class action lawsuit was filed against King County, alleging that the employees of these corporations were county employees and that King County had a duty to enroll them in the Public Employees' Retirement System, and
WHEREAS, in February 2009, a Pierce county superior court judge ruled that the county had exercised such control over the corporations that they were effectively county agencies and their employees were employees of the county for purposes of enrollment in the Public Employees' Retirement System, and
WHEREAS, in August 2011, the Washington Supreme Court affirmed the trial court's decision in a five to four decision and the county's motion for reconsideration was denied, and
WHEREAS, in March 2012, the trial court entered an order requiring King County to enroll the current employees of the public defense firms in the Public Employees' Retirement System, which the county did, and
WHEREAS, on March 18, 2013, the King County council adopted Ordinance 17537 approving a proposed settlement agreement that would recognize the current employees of the public defense firms as county employees on July 1, 2013, and
WHEREAS, the King County executive transmitted Proposed Ordinance 2013-0108, which would create a Department of Public Defense with two divisions, and
WHEREAS, the King County executive has indicated that he plans to begin taking steps to implement the new structure, including the hiring of two division directors, as early as April 2013 contingent on the King County council's approval of the proposed structure, and
WHEREAS, the King County council is committed to a thoughtful process for analyzing and considering the legal, fiscal, and policy issues of the proposal in order to ensure that the new public defense structure is consistent with best practices, such as the American Bar Association's ten principles of a public defense delivery system, and
WHEREAS, the council is committed to continue to include in its process close and collaborative consultation with indigent public defense corporations, employees, and others with interest and expertise in public defense services, and
WHEREAS, it might be impracticable for the council to act before May 2013 in light of the need for the council to fully analyze and explore potential options, and
WHEREAS, in coordination with enactment of an ordinance organizing the structure of delivery of public defense services sufficient time and care will be necessary to implement the structure and also ensure the continuous delivery to all persons of their constitutionally-guaranteed right to assistance of counsel;
NOW, THEREFORE, BE IT MOVED by the Council of King County:
The King County council requests that the executive work with the council to develop an interim plan to cover the timeframe between June 30, 2013, and full implementation of an ordinance organizing the structure of delivery of public defense
services. The King County executive should consider the possibility that the interim timeframe might need to continue through December 31, 2013, or thereafter.