County adopts ordinance for indigent defense

Whitman County Commissioners at their regular meeting Monday conducted a hearing regarding the county’s indigent defense code and later at their meeting adopted the Indigent Defense Services ordinance.

Prosecutor Denis Tracy in presenting the ordinance said that it was now mandatory under the state law.

“The state passed a statute which requires counties to have an indigent defense ordinance,” he said. “The gist of the ordinance is to follow the rules of the state supreme court.”

The ordinance outlines the standards for the delivery of indigent defense services. It requires “all indigent defense contracts shall require that services be provided to all clients in a professional, skilled manner consistent with the Standards for Indigent Defense (SID) adopted by the Washington State Supreme Court and by applicable Rules of Professional conduct, case law, and court rules defining the duties of counsel and the rights of defendants.”

Commissioner Art Swannack said that indigent defense is defined as providing attorney services, at the county’s expense, when a defendant is unable to afford one. He said that the county has had an indigent defense contract in the past, but the state legislature and supreme court have mandated an ordinance.

“It is paperwork is what it amounted to,” he said.

Defendants charged in superior court are advised of their constitutional rights, including the right to be represented by an attorney. They can ask for a court-appointed attorney and are required to fill out an income form from which the judge determines whether they lack the means to hire their own attorney.

The same process is followed in district court when defendants face charges which can lead to a jail term.

The new ordinance outlines the contract, compensations and duties and responsibilities of indigent defense attorneys and also provides statements about malpractice insurance, administrative expenses, causes for termination or removal of attorney and non-discrimination.

After Tracy briefly presented the ordinance, the commissioners adopted it unanimously.