What started two weeks ago as a political bang ended Monday with a whimper when the Snohomish County Council approved a $2.8 million contract to provide criminal defense services for indigent defendants.
The move came in a rare departure from the norm when the council unanimously endorsed the contract with the Snohomish Country Public Defender Association at the end of a routine committee meeting. Such actions usually take place Wednesdays.
The council will be looking for ways to cut costs, however, and has asked for a performance audit in an effort to save money in forthcoming years.
The quick and surprising approval comes less than two weeks after Councilman Jeff Sax, chairman of the committee through which law and justice legislation flows, was roundly criticized by County Executive Aaron Reardon for delaying the contract’s approval.
On Monday, Sax spoke out for the first time about the issue, saying he and the council merely want to make sure the public’s money is well spent.
"The contract in question hasn’t undergone a significant review in 15 years. We need a priorities-based contract that focuses on results," Sax said. "I said all along I had no problem with the contract. I wanted some answers."
It was his questions that originally riled Reardon, who said the information Sax requested already had been supplied to the council. In late February, the Democratic executive accused Republican Sax of playing political football with a service the state requires the county to provide.
On Monday, Reardon said he’s "absolutely" happy about the quick resolution of the dispute.
"I don’t think (the council) did anything different than what we requested," Reardon said.
The executive is also in favor of a performance audit to see if the system can be more efficient.
The president of the board that runs the Public Defender Association, lawyer Scott Decker, is pleased with the quick resolution, but it won’t solve some problems for public defenders.
The contract negotiated this year was so tight that two lawyer positions had to be eliminated in the contract, which runs through January.
"Now we have a responsibility to take a close look at how we fund defenders in the future," Decker said. "I think the defenders perform as well as possible given the resource restraints."
Democratic Councilman Dave Gossett said he’s glad the contract went through so fast because "it’s a vital public safety service, and it’s vital it wasn’t interrupted."
Under state law, people who can’t afford attorneys are entitled to one appointed free if they face a felony or misdemeanor offense for which they could be jailed. At the same time, the county has mounting concerns that providing criminal-justice services accounts for nearly 70 percent of its general fund.
In a motion approved Monday, the council noted that the Public Defender Association contract accounts for 1.75 percent of the general fund. It also notes in the past 10 years there’s been a 48 percent increase in the workload.
Among other things, the council asked the performance auditor to decide if a public defender is the most efficient way of handling indigent defense. It also wants examination of the procedure and criteria used to verify if someone can’t afford a lawyer.
In addition, the council wants to pursue whether it would be more efficient to put some of the work out for competitive bid.
The executive’s office didn’t complete negotiations with the defenders until Feb. 3, three days after the old contract expired. Sax said he will request the next proposed contract be completed by September so the issue can be debated in the 2005 budget discussion.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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