HomeMy WebLinkAbout06/11/2024 - Regular - Additional Doc-Conflict SR
Agenda Staff Report
Agenda Item No.: Business Item Meeting Date: June 11, 2024
Subject: Prepared By: Charlotte Archer
City Attorney
Summary: The City of Port Orchard is responsible for the provision of a municipal court to meet the City’s criminal justice responsibilities under Washington State law. As a component
of court operations, when an individual has a right to counsel but is indigent, the City is required to provide a competent public defense attorney to represent that person at the City’s
cost. The City maintains a contract with a local law firm for these services at a rate of approximately $12,819.66 per month, but there are instances where that law firm may have a
conflict of interest that bars them from representing a specific defendant. For example, in the event of a crime involving two individuals, such as a motor vehicle incident that involves
two drivers who were both separately charged with crimes arising from the incident, the drivers would likely be entitled to separate attorneys.
Additionally, the City is obligated to provide a Judge Pro tem to preside over the court in the event the Judge is unavailable due to mandatory training, mandatory presiding judge administrative
duties, illness, vacation, or a similar scheduling conflict.
The City’s current rates of pay for both conflict defense panel attorneys and Judges Pro tem was set in 2016. The City is frequently unable to locate professionals willing to take on
these roles at the current rate of pay. Due to the City’s proximity to the Kitsap County District Court campus, the City competes for the same pool of professionals to fill these roles,
yet the City’s current rate of pay lags significantly behind the rates paid by District Court. Accordingly, Municipal Court staff recommend the increase of the rate of pay commensurate
with the rates paid by the District Court. By this Resolution, the new rates of pay would be set at $550 per appointment for conflict defense counsel, with $1,200 for handling appeals,
and $100 per hour for Judges Pro tem.
Recommendation: Municipal court staff recommend the adoption of a Resolution increasing the fees for conflict defense panel attorneys and Judges Pro tem.
Relationship to Comprehensive Plan: N/A
Motion for consideration: “I make a motion to adopt a Resolution setting the fees for conflict defense counsel and Judges Pro tem for the Port Orchard Municipal Court.”
Fiscal Impact: Costs of operation for the Municipal Court are a general fund expenditure, which is reflected in the City’s adopted budget.
Alternatives: Do not approve and provide alternative guidance.
Attachments: Resolution
Courtesy copy of Resolution No. 021-16