File #: 2018-0028    Version:
Type: Ordinance Status: Passed
File created: 1/8/2018 In control: Law and Justice Committee
On agenda: Final action: 1/29/2018
Enactment date: 2/5/2018 Enactment #: 18652
Title: AN ORDINANCE relating to the department of public defense; requiring the department to provide legal representation in the inquest process to families of decedents; and adding a new section to K.C.C. chapter 2.60.
Sponsors: Jeanne Kohl-Welles, Rod Dembowski, Dave Upthegrove, Larry Gossett
Indexes: Legal Aid, Public Health
Code sections: 2.60 -
Attachments: 1. 18652.pdf, 2. 2018-0028_SR_DPD_inquest_counseldocx.docx, 3. 2018-0028_ATT1_Proposed_Ordinance.pdf, 4. 2018-0028_ATT2_Striking Amendment.docx, 5. 2018-0028_ATT3_Redline_Striker.doc, 6. 2017-0190_ATT4_AMD_T1 01-07-18.docx, 7. 2018-0028_ATT5_RCW.docx, 8. 2017-0028_ATT6_ExecOrder_Inquest Procedures.pdf, 9. 2018-0028_ATT7_RPC.pdf, 10. 2018-0028_Revised_SR_DPD_inquest_counseldocx.docx, 11. 18652 Amendment package 1-29-18.pdf
Staff: Giambattista, Jenny
Title
AN ORDINANCE relating to the department of public defense; requiring the department to provide legal representation in the inquest process to families of decedents; and adding a new section to K.C.C. chapter 2.60.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. Section 895 of the King County Charter states, "An inquest shall be held to investigate the causes and circumstances of any death involving a member of the law enforcement agency of the county in the performance of the member's duties." Section 350.20.60 of the King County Charter establishes the department of public defense and directs it to provide legal counsel to indigent individuals as required under the state and federal constitutions and to foster access to justice and equity in the criminal justice system, and also authorizes additional duties to be prescribed by ordinance.
B. Between 2012 and 2016, there have been thirty-four deaths involving a member of a law enforcement agency that resulted in an inquest.
C. Of those thirty-four inquests, twelve families obtained legal counsel.
D. Families whose loved ones have been killed by a member of a law enforcement agency may seek to understand through the inquest process the cause and circumstances of the decedent's death.
E. The inquest process serves the public function of fact finding related to a death and involves formal legal proceedings, discovery and examination of persons, including law enforcement personnel and expert witnesses.
F. In King County, the function of holding inquests is vested in the executive.
G. The executive has adopted Executive Order PHL 7-1-1 (AEO) establishing policies and procedures for the inquest process which includes the courts conducting the inquest on the executive's behalf. In those policies and procedures, although the family of the decedent is designated as a participating party in the inquest, a number of important steps in the inquest can only be done by legal ...

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