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2017
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12. December
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2017-12-19 10:00 AM - Commissioners' Agenda
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Indigent Defense Services
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Last modified
6/13/2018 12:25:12 PM
Creation date
6/13/2018 12:24:54 PM
Metadata
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Meeting
Date
12/19/2017
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
d
Item
Request to Approve an Agreement with Attorney Marjorie D. Alumbaugh for 2018 Kittitas County Upper District Court Indigent Defense Services
Order
4
Placement
Consent Agenda
Row ID
41270
Type
Agreement
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date and docket time of the attorney's appearance in court along with the monetary billing <br />amount associated with that docket. <br />14. Policy as it refers to appointments: <br />• After court hearings with disposition (with the exception of Stay of Proceeding (SOP)/Deferred <br />Prosecution (DP)/or Warrants) the court will automatically withdraw the attorney from the case <br />upon the filing of a notice of appeal or 30 days after the final (appealable) decision of the Court, <br />as the case may be. Attorney does not need to sign a withdrawal. <br />• On SOP/DPs-Court Appointed Attorney (CAA) may submit a motion to withdraw from the <br />matter. If CAA withdraws from the case and the case is subsequently set for a probation review <br />hearing, attorney may bill $175.00 for the probation appointment. <br />• On cases where a warrant is ordered-CAA may submit a motion to withdraw from the matter. If <br />CAA is withdrawn from the case, once warrant is served-if attorney reappointed, may bill $300 <br />or $275 for case if prior to disposition status or $175.00 for a case at probation hearing status. <br />15. Investigators. The court will set aside sufficient funds out of its public defender budget to fund <br />defense investigators. Public Defenders may file ex parte motions for such investigator funds. <br />16. Experts. The court will set aside sufficient funds for expert defense witnesses. Public <br />Defenders may file ex parte motions for such expert witness funds. <br />17. Extraordinary cases. If a public defender is assigned a case which requires an extraordinary <br />amount of time and preparation, the following additional payment may be applied for: $75 per <br />hour for each hour over ten (l0) hours. <br />18. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the <br />contracting attorney . If the Contracting Attorney or any employed or associated attorney is <br />precluded from representing a client because of a conflict which cannot be resolved by transfer <br />of the case between the Contracting Attorney and employed or associated counsel, the attorney <br />shall promptly notify the Court by notice of withdrawal and substitution of another attorney <br />qualified under the terms of Paragraph 3. Conflict counsel shall be paid at the same per case <br />compensation rate as the Contracting Attorney. For the purposes of this provision, a Conflict of <br />Interest requiring any replacement of counsel shall be as defined in the applicable RPCs (Rules <br />of Professional Conduct) promulgated by the Washington Supreme Court. <br />19. Termination. <br />a. For Cause: Either party may terminate this Agreement immediately in the event the other party <br />fails to perform its obligations as described in this Agreement and such failure has not been <br />corrected to the reasonable satisfaction of the injured party in a timely manner after notice of <br />breach has been provided to the other party. Compensation for cases assigned prior to the <br />effective day oftermination shall be as provided under this Agreement. <br />b. For R easons B yond the Parties Control: Either party may terminate this Agreement <br />immediately without recourse by the other where performance is rendered impossible or <br />impracticable for reasons beyond such party's control, including but not limited to acts of nature, <br />war, riot, personal disability or superior governmental regulation or control. <br />Page 4 of5
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