IMPLEMENTATION OF BASIC JUVENILE COURT ACT HINDERS EFFICIENT MANAGEMENT OF WHATCOM COUNTY (WA) ASSIGNED COUNSEL SYSTEM - EXECUTIVE SUMMARY

• NCJ Number: 60089
• Author(s): S READIO
• Date Published: 1979
• Length: 20 pages
• Sponsoring Agency: US Dept of Justice; Washington Law and Justice Planning Office
• Corporate Author: Northwest Regional Council
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS SUMMARY EVALUATES THE IMPLEMENTATION OF WASHINGTON STATE'S BASIC JUVENILE COURT ACT AND FINDS IT A HINDRANCE TO THE EFFICIENT MANAGEMENT OF THE ASSIGNED COUNSEL PROGRAM OF WHATCOM COUNTY, WASH.

Abstract

THE PROJECT IN WHATCOM COUNTY IS THE THIRD ASSIGNED COUNSEL-TYPE SYSTEM FUNDED BY THE LAW AND JUSTICE PLANNING OFFICE OF THE NORTHWEST REGIONAL COUNCIL. RESEARCH OF THE PROJECT MADE EXTENSIVE USE OF EXISTING DATA SOURCES, INCLUDING THE WHATCOM COUNTY AUDITOR'S DISBURSEMENT LEDGER, THE MONTHLY REPORTS OF THE SUPERIOR COURT AND THE DISTRICT COURT, THE WHATCOM PROSECUTOR'S OFFICE ANNUAL REPORTS, AND THE FILES OF THE ASSIGNED COUNSEL DEPARTMENT. ALSO, FINANCIAL AFFIDAVITS SIGNED BY ALL POTENTIAL CLIENTS WERE EXAMINED AND INCOME DATA EXTRACTED FOR THE ANALYSIS. RESEARCH REVEALED THAT THE IMPLEMENTATION OF THE BASIC JUVENILE COURT ACT HAD A DELETERIOUS EFFECT ON THE ASSIGNED COUNSEL DEPARTMENT. A MASSIVE INCREASE IN THE NUMBER OF POTENTIAL CLIENTS, HEIGHTENED BY AN UNUSUAL REDUCTION IN THE AMOUNT OF FUNDS AVAILABLE AND A WEAK ELIGIBILITY DETERMINATION SYSTEM IN THE JUVENILE COURT, CAUSED DISEMBURSEMENTS TO EXCEED THE BUDGET BY APPROXIMATELY 31 PERCENT. DISTRICT AND SUPERIOR COURT COSTS WERE WELL WITHIN EXPECTED PARAMETERS, DESPITE SIZABLE INCREASES IN THE NUMBER OF APPOINTMENTS MADE. AVERAGE CLAIM COSTS IN THESE COURTS WERE ALSO LOWER THAN IN THE PRECEDING YEAR. NO DIFFERENCES WERE FOUND IN THE ACQUITTAL/DISMISSAL RATES BETWEEN ASSIGNED AND PRIVATELY RETAINED COUNSEL. SINCE LITTLE INTERACTION BETWEEN THE PROGRAM, USERS, ATTORNEYS, OR LOCAL DECISIONMAKERS WAS FOUND, THE STUDY RECOMMENDS THAT AN ADVISORY BOARD COMPRISED OF REPRESENTATIVES OF EACH OF THESE RELEVANT INTEREST GROUPS BE ESTABLISHED. THE FEE SCHEDULE NOW IN USE NEEDS REVISION; INSTEAD OF BASING DISEMBURSEMENT ON ATTORNEY HOURS WORKED OR A FLAT FEE, ONE METHOD OR THE OTHER SHOULD BE ADOPTED. ELIGIBILITY CRITERIA ESTABLISHED FOR ADULTS NEED TO BE FOLLOWED IN THE JUVENILE COURT. TABLES OF DATA ARE PROVIDED.