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Council debates backup indigent‑defense contract; city attorney recommends approval before next week’s court date

Mabton City Council (study session) · May 28, 2026
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Summary

City attorney Drew explained the need for a backup public defender for conflicts, described a $180/hour rate for conflict counsel with George Hansen Law v LLC, and said the city should adopt the contract because the defendant’s next court date is imminent.

The council discussed a proposed resolution authorizing the mayor to sign a contract for backup indigent‑defense services with George Hansen Law v LLC after the city's primary public defender had a conflict on a pending misdemeanor case.

Drew, the city attorney, explained that under the U.S. Constitution an indigent defendant has the right to counsel and that municipalities must provide conflict counsel when the primary public defender has a conflict. He said the contract would pay backup counsel on an hourly basis and that "That's a $180 per hour." The compensation applies only to hours worked on an assigned case; no standard monthly retainer is proposed.

Drew said the immediate need arises because the defendant’s next court date is next week and the primary defender cannot take the case. He described the typical caseload ceiling set by the Washington state Supreme Court and noted a current misdemeanor ceiling figure in the transcript of about 282 cases per year; backup counsel would handle only city misdemeanors such as low‑level theft and assault 4, not felonies.

Council members asked how the city would receive reporting on hours and costs. Drew said he would ask the proposed attorney to provide hours to the city once a case is resolved and that he could request additional periodic reporting if the council preferred. The transcript records a recommendation to adopt the contract but no formal motion or vote during the session.

The council thanked Drew for the explanation and moved on to later agenda items.