2024/10/30 Council Agenda Packet

City Council Agenda Item Cover Sheet Project title: Authorize the Mayor to Sign Amendment 2 to the Agreement for Indigent Defense Services with Everett Law Association Council Bill # interoffice use Project: Indigent Defense Services Partner/Supplier: Everett Law Association Location: Everett Municipal Court Preceding action: Agreement for Indigent Defense Services with Everett Law Association (11/08/18) Amendment to Agreement (6/28/23) Fund: Fund 003 Indigent Defense Program Agenda dates requested: Briefing Proposed action Consent 10/30/24 Action Ordinance Public hearing Yes x No Budget amendment: Yes x No PowerPoint presentation: Yes x No Attachments: Agreement Amendment #2 Department(s) involved: Procurement & Court Contact person: Theresa Bauccio-Teschlog Phone number: (425) 257-8901 Email: tbauccio@everettwa.gov Initialed by: HB Department head Administration Council President Fiscal summary statement: The City currently spends approximately $1,200,000 per year on primary indigent defense services. This amendment will increase this to approximately $1,552,000 per year. No budget amendment is needed. Project summary statement: Individuals charged with misdemeanors and gross misdemeanors in the City of Everett are prosecuted in Everett Municipal Court. Most defendants cannot afford an attorney and qualify as “indigent” under state guidelines. The City is required by state and federal law to provide these indigent defendants with legal representation at City expense. The City’s main indigent defense provider, Everett Law Association, provides almost all that representation. The City’s current contract with Everett Law Association (which expires December 31, 2028) is based on a projected case count of 2800 cases per year. However, as many are aware, there were significant changes in state law from the Washington Supreme Court and the Washington Legislature regarding possession of controlled substances from 2021-2023. The result was legislation (2E2SSB 5536) passed by the Legislature in 2023. This legislation was anticipated to, and in fact, have resulted in statewide increases in charges for possession of controlled substances. In Everett, this has caused approximately 800 additional cases per year to be assigned to the Everett Law Association, for which the City must provide indigent representation. Accordingly, this amendment increases the case count under the Everett Law Association contract from 2800 to 3600, starting November 1, 2024. In addition, the Washington State Bar Association earlier this year revised its Standards for Indigent Defense Services including the standard that employees at public defense agencies be compensated at a rate comparable to those of employees in the opposing party offices in the area. That means employees of the Public Defender must be paid comparable to those employees of the City Prosecutor’s office. This all results in a compensation increase under the contract from $1,200,000 per year to about $1,552,000 per year. It must be noted that this compensation increase does not include the full impact of the Washington Supreme Court’s expected new rules on indigent defense standards, which the Court is expected to act on later this year. Depending on the action the Court takes, more funds for indigent defense may still be required next year. Recommendation (exact action requested of Council): Authorize the Mayor to sign Amendment 2 to the Agreement for Indigent Defense Services with Everett Law Association.