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AN ORDINANCE creating a department of public defense within the executive branch; amending Ordinance 11955, Section 6, as amended, and K.C.C. 2.16.130, Ordinance 8257, Section 2, as amended, and K.C.C. 2.60.020, Ordinance 383, Section 5, as amended, and K.C.C. 2.60.050 and Ordinance 10167, Section 1, as amended, and K.C.C. 2.60.054, adding new sections to K.C.C. chapter 2.60, adding a new section to K.C.C. Title 4A, repealing Ordinance 14412, Section 3, as amended, and K.C.C. 2.60.027, Ordinance 8257, Section 3, and K.C.C. 2.60.030, Ordinance 383, Section 4, as amended, and K.C.C. 2.60.040, Ordinance 383, Section 6, as amended, and K.C.C. 2.60.060 and Ordinance 8257, Section 6, and K.C.C. 2.60.070, and declaring an emergency.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. Public defense services are mandated by the United States Constitution, the Washington State Constitution and state law.
B. The Sixth Amendment of the United States Constitution and Article I, Section 22, of the Washington state Constitution guarantee assistance of counsel to every citizen accused of a matter where loss of liberty is possible.
C. Since the 1970s, King County has contracted with private, nonprofit corporations for the provision of most indigent defense services. These private, nonprofit corporations were viewed by the county and the corporations as independent contractors and as a result the employees of the private, nonprofit corporations were not considered county employees and did not receive county benefits nor were they enrolled in the Public Employees' Retirement System (PERS).
D. In January 2006, a class action lawsuit was filed against King County, alleging that the employees of the private, nonprofit corporations were county employees and that King County had a duty to enroll them in PERS.
E. In February 2009, a Pierce county superior court judge entered an injunction requiring employees of the King County public defense c...
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