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Indigent Defense Services (3 Agreements)
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12. December
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2019-12-17 10:00 AM - Commissioners' Agenda
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Indigent Defense Services (3 Agreements)
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Last modified
12/27/2019 9:43:09 AM
Creation date
12/27/2019 9:42:49 AM
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Meeting
Date
12/17/2019
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
l
Item
Request to Approve Agreements for Kittitas County Superior Court Indigent Defense Services with Candy Powers, Deborah King, Paul McBride and Guy Zimmerman
Order
12
Placement
Consent Agenda
Row ID
58634
Type
Agreement
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withdrawal. For the purposes of juvenile court proceedings not involving commitment to the <br />custody of the Department of Social and Health Services Juvenile Rehabilitation the case is not <br />completed until the conclusion of supervision. <br />14. 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 />15. Costs. The Contracting Attorney shall receive copies of all pleadings filed in their client's <br />Superior Court case file in the Kittitas County Clerk's Office at no cost to the attorney. The <br />Clerk shall bill those expenses directly to the Superior Court. <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, Counsel may apply to the Court in writing and subject to <br />CRl lA, for such additional compensation as the Court determines to be appropriate. <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 4. 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 of termination shall be as provided under this Agreement. <br />b. For Reason Bey nd the Prutie ContsoJ: 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 />c. Without aus : Either party may terminate this Agreement without cause upon 90 days written <br />notice, which date of termination shall correspond to the last day of a calendar month. The <br />Page 4 of6
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