PORT ANGELES — Clallam County should seek bids for its current system of providing public defense to indigent defendants, a panel has recommended.
The county’s ad hoc committee for public defense suggested Monday that commissioners seek proposals from qualified law firms and award a three- to five-year contract for public defense services.
Clallam Public Defender has provided lawyers to citizens who can’t afford to hire their own attorneys for the past 40 years. Commissioners are expected to approve a one-year contract extension with the nonprofit organization for 2017.
“My office has been working year-to-year on four out of the last five years,” Clallam Public Defender Director Harry Gasnick told commissioners in a work session.
“I’m just really, really tired. This is not something I want to be dealing with at the end of next year.
“Every year, come November, I’ve got 13, 14, 15 families wondering whether they’ve got jobs next year,” Gasnick added.
“That ain’t right. In fact, it’s more than not right. It’s wrong.”
Commissioner Mark Ozias suggested that the board expedite the search for a public defense firm and make a decision by June 30.
“It sounds like that would do a better job of meeting your concern, Harry,” Ozias said.
“I don’t see any reason why we shouldn’t be able to do that.”
Commissioners Ozias and Bill Peach supported the recommendations from the committee, which is comprised of local attorneys and others with knowledge of the criminal justice system. Commissioner Mike Chapman was absent.
The committee recommended that Clallam County not separate public defense in District Court and Superior Court.
“The committee felt that frankly it would not be cost-effective to set up a separate entity with additional need for additional office space,” said committee Chairman John Troberg, who works part-time as an assistant prosecuting attorney in Clallam County.
The idea of separating public defense was floated late last year after it was announced that Gasnick and District Court Judge Rick Porter had a “long-standing and very serious dispute.”
“If conflicts arise, frankly there are established grievance proceedings available to deal with those,” Troberg said.
The committee said the county should take steps to achieve salary parity between the Prosecuting Attorney’s Office and the contracting public defense firm. The state Supreme Court has ruled that public defenders be paid as much as their counterparts in prosecuting attorneys offices.
Salaries for Clallam County’s deputy prosecutors are tied to a percentage of the Superior Court judges’ salaries.
With raises from the state in September 2015 and September 2016, the combined number of deputy prosecutors now earn about $300,000 more than the combined attorneys working for Clallam Public Defender, County Administrator Jim Jones said.
Jones said the goal is to achieve salary parity in three years.
“I can tell you, in the budget I put in an extra $100,000 to get us part-way there,” Jones said.
The committee recommended that the next contract reference state Supreme Court standards and Bar Association guidelines and include a provision for client complaints in accordance with state law.
Despite the recommendation to keep the current system, Troberg said there “could be some interest” from local attorneys about bidding on a District Court contract.
Last year, former Clallam County Prosecuting Attorney William Payne submitted a $418,000 bid to represent indigent clients in District Court and appeals in Superior Court.
Commissioners ultimately decided to renew a one-year, $1.19 million contract with Clallam Public Defender to handle both courts.
Other ideas that the committee explored but did not recommend were an ombudsperson to administer a list of local attorneys to represent indigent clients and the formation of a new county agency for public defense.
The committee decided that there was an inadequate supply of local attorneys for an ombudsperson and that it would be cost prohibitive to create a new agency, according to a memo.
“It is cost effective to have one agency for indigent court representation, the current office has a committed staff and director, the current office has established facilities and enjoys a good local community reputation,” the committee said in its final recommendation.
Jones said it would be unlikely that another firm would bid against Clallam Public Defender for the long-term contract.
Should the county receive multiple bids, committee members said they would be willing to help the board make the selection.
“If you’re all open to that, then I’m sure that Commissioner Peach and I would love to avail ourselves of your expertise,” Ozias said.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsula dailynews.com.
