KC DPD: Draft Merit Band Selection Process Proposal

8/12/2019 KC DPD: Draft Merit Band Selection Process Proposal

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DRAFT MERIT BAND SELECTION PROCESS PROPOSAL 6/19/14

Statement of PrincipleThe Department of Public Defense (DPD) will utilize merit bands to recruit, recognize and retaintalented, accomplished attorneys who are leaders in our practice and who might otherwise eventuallyleave the Department for federal or private practice or other more highly-compensated positions.This is to provide appropriate recognition and compensation for the valuable public service ofproviding public defense with distinction over time, to ensure that public defenders can achievecomparable compensation levels to the King County Prosecutor s Office, and to ensure that DPD iscompetitive nationally in recruiting and retaining the strongest attorneys.DPD expects to place merit band attorneys throughout our practice areas to provide leadership,mentoring and set practice standards. Merit band assignment is portable (travels with the attorney)and merit band attorneys w ll be transferred and assigned in keeping with their divisions changingneeds and as appropriate to their professional development.

CriteriaAttorneys selected for placement in merit bands will have demons trated exemplary skills and reflectthe values promoted by the Department of Public Defense. All attorneys selected for merit bandplacement must meet the minimum requirements outlined below:

CLIENT CENTERED REPRESENTATION: consistently deals respectfully andthoughtfully with clients, by maintaining strong attorney-client communication, thoroughlyidentifying tl e issues and concerns bearing on the client s particular goals for therepresentation and advancing those goals with skill, creativity and co1mnitment;demonstrated awareness of and integration of collateral consequences of justice systeminvolvement as tl ey bear on the client s goals for the representation.WORI< ETHIC AND WORI


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as needed; offers to share expertise and experience with colleagues; identifies workloadissues timely and advises supetvisors; reports time accmately and promptly; closes casestimely; tesponds promptly to colleagues, comt and opposing counsel; demonstratesinitiative.LEGAL KNOWLEDGE: identifies legal issues timely and accurately; demonstratesawateness of emerging legal issues and strategies; makes effective and appropriate motionspre- and post-disposition; makes effective use of experts.TRIAL AND CASE PREPARATION SKILLS: deals effectively with opposing experts;effective at identifying, preparing and presenting witnesses and cross-examining opposingwitnesses; effectively directs investigation; makes an effective record for appeal; is preparedand persuasive in oral advocacy; is a cteative advocate, developing case-specific strategies asneeded to advance the client s goals.WRITING SKILLS: ptoduces appropriate and high quality written work, including motions,trial memoranda, pte-sentence reports, proposed findings and conclusions, wt its and/orappellate briefing.PROFESSIONALISM: consistently demonstrates courtesy and respect to colleagues andother justice system participants.MENTORING/LEADERSHIP: actively mentors less expe1-ienced attorneys or attorneysnew to a practice area; is perceived as a knowledgeable and accessible resomce forcolleagues; has participated in training presentations; has demonstrated initiative insuggesting improvements in tl1e division, department, or in the justice system.

Promotions ProcessThe merit band selection process is competitive, and is intended to recommend to the PublicDefender those candidates annually who best demonstrate the qualities valued by DPD. Thenumber of available merit band positions will vary depending on budget and parity considerations;thus, deserving candidates may not always be selected when they first apply, as the number ofapprop1-iate candidates may exceed DPD s capacity to promote attorneys into merit bands. An

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annual promotions process will be open to all attorneys a t or above Step 5, for Merit Band One andto all attorneys already placed in merits bands, for promotion to the next merit band level (stepprogression within a merit band level does not require participating in the promotions process). Noattorney will be considered for merit band placement or advancement unless he or she requestsconsideration.Annually, the Public Defender will appoint members of a Promotions Committee, who will be DPDsupervisors or managers and will include representatives from each of the DPD divisions. TheCommittee will be chaired by the Public Defender. The Commit tee will call for applications fromattorneys eligible for promotion and will provide at least 30 days for submission of applications.The application will include a statement of interest in which the applicant identifies reasons she orhe should be recognized with merit band promotion , a list of current and prior supervisors, theapplicant s last 5 trials including opposing counsel and judges involved, description of at least onecase which the applicant believes demonstrates his or her exceptional skills, and other informationspecified in the application form, including disclosure of any bar or court sanctions or disciplinaryaction. The applicant may attach any supplementary materials he or she would like the Committeeto review.Recent Class A felony trial experience and SPRC 2 certification will be weighed in the selectionprocess, though these accomplishments are not determinative.After the application deadline, the Promotions Committee will meet and assign follow-up reviewresponsibilities to Committee members. Each applicant will be reviewed by one manager from heror his division and one manager from outside her or his division (the review team). Review willinclude but is not liinited to: interviewing the applicant s current and former supervisor(s) ifavailable, judges and opposing counsel from recent trials, and others well-situated to know theapplicant s performance; review of the applicant s personnel file by the manager in her or hisdivision, and sununary of that review for the other manager involved in assessing the applicant; andreview of any other materials identified by the applicant.The Com1nittee Chair will circulate a list of all applicants for advancement to all DPD employees,inviting comment on the qualifications of any applicant by a specified date.

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The review team will make a confidential written report assessing the qualifications of the applicantfor merit band placement. The reports will be presented to the full Committee and discussed in ameeting attended by all Committee members. After review of the reports, any conunent from DPDemployees, and Committee discussion, the Committee will submit a confidential memo to the PublicDefender identifying attorneys appropriate for promotion at each merit band level, and listing thequalified applicants in the order of priority for promotion.While the Committee will be mindful of the need to recognize attorney accomplishment in eachDPD division, there will be no per se ratio of merit band assignment to the various divisions.Attorneys practicing in all divisions and who have attained distinction in any DPD practice area areeligible for promotion. It is a goal to have attorneys in merit bands assigned to various DPDpractice areas to provide leadership in each area and mentoring to all attorneys.Attorneys not promoted may meet on request with the review team which assessed their applicationor with the Promotions Committee Chair to learn the reasons they were not promoted, which couldbe that they were deemed qualified but there were not sufficient places available to allow theirselection that year, or that they were not deemed qualified. The review team will providesuggestions for improving the likelihood of selection in the future.

n attorney who is qualified for promotion but is not promoted due to lack of available positionsmay but need not re-apply the following year and can choose to rely on the prior year s assessment,at her or his election.

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Documents

KC DPD: Draft Merit Band Selection Process Proposal