For The Defense | A newsletter from the Department of Public Defense

King County, Washington sent this bulletin at 10/01/2013 01:57 PM PDT

September 30, 2013

A NEW ERA IN PUBLIC DEFENSE BEGINS

A note from Dave Chapman, King County's Director of Public Defense

Much has changed – and much remains the same – in the world of public defense. What remains the same is that the men and women at the forefront of public defense continue to work tirelessly on behalf of their clients, ensuring that even those who can’t afford an attorney stand equal before the law. What has changed is the organizational structure, the way those public defense services are delivered.

On July 1, the attorneys, investigators, social workers, paralegals and administrators who worked at the four nonprofit public defense law firms that provided public defense services for King County became county employees. The Metropolitan King County Council passed an ordinance in May creating a new Department of Public Defense, with an interim structure comprised of four separate divisions. That new department is now a reality – and a new era in public defense has dawned.

From my perspective, it’s an exciting and important development. This new structure puts public defense where it should be – on par with other leaders in King County’s criminal justice system. It means a stronger voice for public defense in countywide policy and budget discussions. It also means we will be able to provide a holistic suite of services to clients, addressing some of the underlying issues – from homelessness to unemployment – that brought them into the criminal justice system.

So what does the new Department of Public Defense look like? Under the interim structure, the four divisions mirror the four agencies that provided public defense services on a contractual basis for King County. The employees sit in their same desks at their same offices, reporting to their same supervisors.

Should a charter amendment forwarded to voters by the County Council pass in the fall, the department will undergo some more changes. An 11-member advisory board, for example, would be established, reviewing the department’s budget and policies and forwarding to the executive the names of people it believes should head the department; the executive would select from that list. The public defender would serve a four-year term coterminous with the prosecutor, not the executive, and could only be fired for cause. Meanwhile, the Council empaneled a public defense task force that grappled with another issue – how to ensure that innovation and advocacy for criminal justice reform, hallmarks of the four nonprofit law firms, are not lost in this new structure.

Again, this is an auspicious time – full of challenges, to be sure, but also significant opportunities. Ultimately, what matters most is the way these changes translate into services to our clients. My hope is that we’ll build on the county’s strong and storied tradition of public defense and create a system that is even more client-centered, more reform-minded and more able to provide our clients with the rigorous defense and holistic services they deserve. I hope you’ll join me on this journey.

Chapman confirmed as DPD's director

The King County Council on Monday, Sept. 23, confirmed Dave Chapman as the director of the Department of Public Defense.

Chapman, a veteran public defender, has served as the interim director since the Council approved the creation of the new department in May of this year. Prior to that, he headed the Office of Public Defense, a division of the Department of Community and Human Services.

"Dave has done an exceptional job managing the creation of a new County department, in response to a state Supreme Court ruling and subsequent settlement that redefined contract public defenders as county employees,” said King County Executive Dow Constantine. “His personal experience as a public defender and his deep commitment to the clients his staff serves have been tremendous assets in this transition.”

County Council considers placing limits on federal immigration holds

A growing number of jurisdictions across the country have decided to limit their participation in civil immigration enforcement, noting the issue has blurred the line between civil and criminal procedures and raised important civil rights questions.

Now, King County is considering joining their ranks.

An ordinance introduced by King County Councilmembers Larry Gossett, Joe McDermott and Larry Phillips would allow King County to honor only those detainer requests from the U.S. Immigration and Custom Enforcement (ICE ) in cases where an individual has been convicted of a serious criminal offense as defined by Washington state law. King County Executive Dow Constantine has also weighed in on the issue, urging the Council earlier this year to consider legislation limiting such holds.

Should it pass, the legislation would mark a departure from the current practice in King County. As it stands now, King County honors all requests from federal immigration authorities to “hold for pick up” immigrant jail inmates, even those who have not been convicted of a crime or have been detained because of a minor offense. Once transferred to federal authorities, the inmates are then taken into ICE custody, where ICE begins the process of determining if they’re deportable.

A broad-based coalition – including several leading public defenders – has expressed grave concern about these ICE holds and the civil rights issues they raise and strongly supports the bill pending before Council. The practice has blurred the lines between civil federal immigration enforcement and local criminal law enforcement, critics say. As a result, the detentions have isolated the county’s immigrant community, leading many to feel afraid to turn to the police, seek help in instances of domestic violence or act as witnesses in criminal proceedings. What’s more, the deportations that result often break up families, creating more hardship for the county’s immigrant community.

Eileen Farley, a division director in the county’s Department of Public Defense, recently testified in favor of the legislation, a bill, she said, that “is a response to the paralysis around immigration reform in Washington, D.C.”

Farley is struck by the broad base of support the legislation is receiving, including support from the King County Sheriff and others in the criminal justice community. That support, she said, underscores the concern many have voiced – that ICE holds are hurting the immigrant community in untold ways.

“What the councilmembers have proposed is not something radical,” she said. “They realize, as do many of us, that ICE holds are not in our community’s best interest.”

According to the bill’s sponsors, the proposed ordinance ensures King County’s practices are actually aligned with ICE’s stated priorities – namely, to apprehend individuals convicted of serious and violent crimes. In its printed policies and public statements, ICE has repeatedly made clear that its enforcement priority is to direct its limited resources to apprehend individuals with serious and violent convictions. The ordinance was drafted to be consistent with these priorities and to focus the county’s limited resources on this group of individuals as well.

The legislation does not change the process for criminal proceedings. No one charged with a crime and being held in King County jail will be released without first appearing before a criminal court judge who makes a determination about whether the person is a danger to the community or a flight risk. And when the County honors an ICE detainer, this involves transferring an inmate to ICE custody after the person has been released from jail.

Ultimately, the ordinance is designed to ensure that immigrants are treated equally in the criminal justice process. A March 2013 study by University of Washington professor Katherine Beckett and doctoral candidate Heather Evans found that ICE detainer requests are not targeting individuals with serious or violent convictions; the majority of immigrants targeted are charged with low level offenses, and many are not convicted of any crime. Individuals targeted for an ICE detainer spend, on average, nearly a month longer in jail, the UW study found; many do not post bail because if they are released they will simply land in the ICE detention center. Further, according to the study, Latinos are disproportionately targeted by ICE detainer requests.

“I don’t see any value or important purpose to keep in jail 28 to 30 additional days folks who were picked up for some low-level misdemeanor or traffic infraction,” Gossett told the Seattle Times. “It becomes a civil-rights issue to me.”

Constantine, in a letter to councilmembers in February, also expressed concern about the impact ICE holds are having on the region’s immigrant community. As a councilmember, Constantine co-sponsored an ordinance that attempted to heighten the public health and safety of county residents by fostering trust and cooperation between immigrant communities and law enforcement. Limiting the circumstances under which detainer requests are honored would be in keeping with this ordinance, he noted.

“In order to protect the health and safety of our communities, King County residents, regardless of their citizenship status, must feel that they can report crime, seek protection from law enforcement, testify in court and access needed health services without fear of other unrelated consequences,” Constantine wrote.

A NEW ERA IN PUBLIC DEFENSE BEGINS
Chapman confirmed as DPD's director
County Council considers placing limits on federal immigration holds
WSBA honors Don Madsen for lifetime of service
PROGRAM SPOTLIGHT | ROYAL's work with youth makes a difference, wins accolades
Charter amendment on public defense to come before voters in November
Anne Daly tapped to head King County Bar Association
Karen Murray to receive WSBA's public service award
Investigator's work with inmates honored as 'exceptional'
DPD helps residents secure health care coverage

WSBA honors Don Madsen for lifetime of service

Don Madsen, a DPD division director, received one of the most prestigious awards in the state’s criminal justice community this month. The Washington State Bar Association selected Don to receive its lifetime service award, recognizing his 30-plus years of work “improving the quality of justice for marginalized and vulnerable people and creating mentorship opportunities for lawyers in the criminal justice system,” according to a news release issued by WSBA.

The award, which was delivered at WSBA’s annual dinner Sept. 26, recognizes a lifetime of service and is issued only when there is someone especially deserving. Past recipients include State Supreme Court Judge Tom Chambers, U.S. District Judge Robert Bryan and former State Supreme Court Judge Charles Z. Smith.

Don graduated from law school in 1979. His first legal job was at an insurance defense firm. “I was bored silly,” he recalled. He soon got a job at the Associated Counsel for the Accused, a public defense firm and now a division within DPD, thinking he’d stay a couple of years. He never left. In 2008, he became the firm’s managing director. “I liked the fast pace,” he said.

He also believes in the role of public defense, the ability to make a difference in a person’s life. “That doesn’t necessarily mean you win the case,” he said. “But if you devote enough time and attention to the client so the client feels like he or she is getting a fair shake it makes a difference. Many times our clients are without outside support and have been accused of doing very bad things, but there is more to the person than that. A lawyer showing that they are dedicated in achieving the best result possible by either effectively presenting a defense or if there is not a defense to the charge then to effectively present mitigation is important and meaningful to the client. It always makes a difference to another if you care."

According to WSBA, Don’s service includes his establishment and implementation of a community outreach program enabling staff attorneys to coordinate their efforts to promote public defense and improve the justice system. Don has also served as a mentor to hundreds of lawyers throughout his career, making a commitment to include more women and people of color in management roles. He was instrumental during the early years of the drug court and served on the Mental Illness and Drug Dependency Oversight Committee and the Seattle Community Court Executive Committee.

Don lives with his wife Barbara Madsen, the state’s chief justice, and their four children in Tacoma, where he has also volunteered for a number of local civic organizations.

DIRECTOR'S SHOUT-OUT | A huge thank you to conflicts work group

More than a dozen attorneys and other staff members worked collaboratively to come up with a single set of procedures and practices to ensure that the new Department of Public Defense is able to represent its many clients without encountering conflicts of interest. The 15-page analysis and set of protocols the work group produced provide a touchstone for the department’s attorneys, principles that will ensure a client-centered approach to the ethical responsibilities of public defenders. Such a document is imperative to DPD, ensuring that each attorney is able to put forward a solid and ardent defense for his or her client.

Dave Chapman, who was also a part of the work group, would like to thank the following employees for their many hours of work on this set of protocols: Jeanette Brinster, Gwen Clemens, Lisa Daugaard, Jese Dubow, Diane Erickson, Louis Frantz, Tory Foedisch, Jana Heyd, Daron Morris, Lin-Marie Nacht, Melanie Oberlander, Jim Robinson and Pat Valerio.Tom Kelly, a private attorney, also served on the work group.

Debra Baker, head of ROYAL, talks about her program to Executive Dow Constantine, DPD Director David Chapman and Gail Stone, Constantine's law and justice policy advisor.

PROGRAM SPOTLIGHT | ROYAL's work with youth makes a difference, wins accolades

In 1998, King County leaders concerned about racial disproportionality in the juvenile justice system decided to develop a program that would address what they saw as a troubling trend. A pilot project was funded, and Society of Counsel Representing Accused Persons, a nonprofit public defense firm, applied for the contract. The result was ROYAL – Raising Our Youth As Leaders – a small but robust program that provides intensive support services and diversion strategies to keep young people from being incarcerated.

Today, ROYAL’s staff of six works with about 65 high-risk youth of color a year, all of whom are involved in the criminal justice system. But instead of detention, the program offers case strategizing, mentorship, life-coaching and specialized groups to these young people, teaching them to take responsibility for their lives and helping them to begin realizing their dreams. According to a recent report, it costs ROYAL staff about $12 a day per youth compared to $100 a day to house a youth in detention.

More significantly, the program’s success rates are staggering: The most recent analysis showed 80 percent of those involved don’t reoffend. Other statistics also speak to the program’s success: 68 percent report improved school attendance; 72 percent avoid the adult criminal justice system; and 80 percent report improved emotional health. Five of ROYAL's graduates attended the recent March on Washington, others are sharing their stories at national conferences, and one young man has started his own program, called Street Light Media, teaching youth video and film production.

ROYAL is now a part of the new Department of Public Defense and is headed by Debra Baker, a dynamic woman with a passion for youth and a deep belief in the impact the program is having on teens. The young people who come into her program have criminal cases pending. By the time they leave, she said, “They don’t reoffend.”

“I’m so glad to be able to support these young people. We’re teaching them not what to think, but how to think,” she said.

Charter amendment on public defense to come before voters in November

A charter amendment will come before King County voters in November that would influence the shape and direction of the new Department of Public Defense and determine how the head of the department would be selected, reappointed or potentially removed from office.

The charter amendment was sent to voters after the Metropolitan King County Council unanimously adopted an ordinance in July approving such a ballot measure. If passed into law, the amendment would make the department a part of the county’s charter, meaning it could be done away with only by a vote of the people. The department would be expected to provide constitutionally required legal counsel and representation to indigent defendants and to foster and promote system improvements, access to justice and equity in the criminal justice system.

The charter amendment would also establish the creation of an 11-member Public Defense Advisory Board and determine how the head of the department – the Public Defender – would be selected, reappointed or removed from office. Among the provisions:

The Executive would appoint the Public Defender from candidates recommended by the Public Defense Advisory Board. The appointment would be subject to the Council’s confirmation.
The Public Defender’s term would mirror that of the Prosecutor’s, not the Executive’s.
The Public Defender could only be removed for cause. (Most department heads serve “at will” and can be removed for any reason.) He or she could appeal a removal to the County Council.
The Public Defense Advisory Board would be asked to review, advise and report on the Department of Public Defense and advise the Executive and Council on matters of equity and social justice.

In a July 1, 2013, news release announcing the charter amendment, Council Chair Larry Gossett said, “Public defense is a vital and state-mandated service. It is important that the voters of King County have the opportunity to make their choice on the future direction of the agency.”

PEOPLE IN THE NEWS

Anne Daly tapped to head King County Bar Association

Anne Daly, a veteran public defense attorney and the head of one of DPD’s four new divisions, has been named president of the King County Bar Association. A profile about her posted on KCBA’s website outlines her impressive career as a public defender and her dedication to representing clients who face immense challenges in life.

Anne became the executive director of the Society of Counsel Representing Accused Persons (SCRAP), now a division within DPD, in 1999. Since then, she has been a leader in public defense. She served as president of the Washington Defender Association from 2003 to 2006 and again from 2009 to 2010. She was also a member of the Blue Ribbon Task Force on Indigent Defense in 2003 to 2004 and has served on the Washington State Bar Committee on Public Defense/Performance Standards and Education Subcommittee since 2005.

KCBA, with 5,400 members and a $3 million annual budget, is a significant player in the county’s legal community, working to improve the criminal justice system, advocating for professionalism and collegiality among attorneys and providing continuing education for its membership. Anne is the first public defender to helm this vital organization.

Karen Murray to receive WSBA's public service award

Karen Murray, a public defender in the Associated Counsel for the Accused Division (ACAD), received the Washington State Bar Association’s public service award at its annual dinner in Seattle in September. Karen, who graduated from Seattle University Law School in 1991, has worked as a public defender since she landed her first job as an attorney at ACA in 1992.

WSBA decided to give Karen the public service award because of a long list of civic-minded activities over the years: She chairs ACAD’s Community Engagement Committee, which participates in activities such as Operation Nightwatch to feed the homeless and the Food Lifeline Food Frenzy; she co-chairs the KCBA Martin Luther King Jr. Annual Luncheon Committee; she serves as coach and mentor for students in the Future of the Law Institute, which introduces high school students to career options in the law; and she is actively involved in groups such as the KCBA Public Policy Committee and Death Penalty Roundtable Forum.

Karen is also an active member of the Washington State Minority and Justice Commission, served on the first Race and the Criminal Justice System roundtable at the Washington State Supreme Court and is past president of the Loren Miller Bar Association.

Investigator's work with inmates honored as 'exceptional'

For the last five years, Cynthia Chiu has helped set up a holiday event for kids whose parents are in prison. Cynthia, an investigator at the Northwest Defenders Division, co-founded “Celebrate Kids” with an inmate who was in prison for life after his third strike. A father, he was worried about his children during the holiday season and knew other inmates who also wished they could do more. So together, Cynthia and the inmate started the program, turning it into a daylong festival that now draws between 500 and 600 children and family members.

Earlier this summer, Cynthia was honored for her role in creating the program and for other volunteer work she does on behalf of prison inmates and their kids. She got an award for “exceptional service to the community” from the Community Partnership for Transition Services (CPTS), an effort by U.S. Pretrial Services and U.S. Probation that works collaboratively with partners to help adults transition from prison life to community life.

The holiday event, Cynthia said, “is really sweet and a lot of fun.” The children – up to age 12 – go from room to room at Rainier Beach High School, getting a “passport” stamped as they engage in various activities, from decorating cupcakes to playing a Wii game. At the end, they turn their passport in for gifts and toys.

Cynthia does other volunteer work as well. A graduate of the University of Washington’s Law, Society and Justice program, she now serves on the department’s alumni committee and has set up internships that enable college students to work with CPTS on a daylong resource fair for recently released prisoners. The students hold mock interviews with participants, discuss their resumes and provide other services that help them prepare for life outside of prison.

“I do this volunteer work because I am deeply passionate about improving the health of our community,” Cynthia says. “It is very easy to be complacent and forget that there are members of our society who face significant obstacles and barriers to living a successful and productive life. The criminal justice system is not conducive to rehabilitation, reintegration, and wholesome family building. When an individual is sentenced, their children and family serve that time with them, and when that individual is released, society makes it impossible for upward mobility. I feel that I am being an active member of my community when I get involved in the process of mitigating and deconstructing barriers to that individual's success.”

DPD helps residents secure health care coverage

Starting October 1, about 180,000 King County residents will be able to enroll in new free or low-cost insurance options. King County is working with a broad network of partners to ensure a coordinated and strategic effort to enroll uninsured residents in health coverage. The Department of Public Defense is joining this effort and will be working with our partners to educate clients about how they can find a health plan that fits their needs and budget. Together, we can get more people covered, more quickly.

For more information, please visit www.kingcounty.gov/coverage.

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dpd@kingcounty.gov

www.kingcounty.gov/courts/OPD

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The King County Department of Public Defense shall provide the most effective legal representation and advocacy possible through an independent, well-trained, responsible, and efficient public defender system.