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AGREEMENT FOR 2022 INDIGENT DEFENSE SERVICES
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12. December
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2021-12-07 10:00 AM - Commissioners' Agenda
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AGREEMENT FOR 2022 INDIGENT DEFENSE SERVICES
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12/2/2021 1:19:07 PM
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Meeting
Date
12/7/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
d
Item
Request to Approve an Agreement for Lower District Court Indigent Defense Services (2022)
Order
4
Placement
Consent Agenda
Row ID
83921
Type
Contract
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5 <br />16. Extraordinary cases. If a public defender is assigned a case which requires an <br />extraordinary amount of time and preparation, the following additional payment may <br />be applied for: $60 per hour for each hour over ten (10) hours. <br /> <br />17. Conflict of Interest. The cost of conflict counsel shall be paid by the County and not by <br />the contracting attorney. If the contracting attorney or any employed or associated <br />attorney is precluded from representing a client because of a conflict which cannot be <br />resolved by transfer of the case between the contracting attorney and employed or <br />associated counsel, the attorney shall promptly notify the Court by notice of withdrawal <br />and substitution of another attorney qualified under the terms of paragraph 3. Conflict <br />counsel shall be paid at the same per case compensation rate as the Contracting <br />Attorney. <br /> <br />18. Private Practice and/or appointments from other courts: Contracting Attorney. The <br />“caseload” defined in paragraph 10 is deemed by the parties to constitute a “full time” <br />caseload. To the extent that the Contracting Attorney and any associated or employed <br />counsel takes on public defense clients for other courts and/or privately retained clients <br />in any court they will reduce their public defender case load in this court in proportion <br />to the additional cases which are privately retained or referred from other courts. In <br />calculating any reduction required in the Contracting Attorney’s (or any associated or <br />employed counsel) Lower County District Court public defender caseload, felony cases <br />shall be deemed the equivalent of two full cases. <br /> <br />19. Private Practice and/or appointments from other courts: associated counsel. <br /> To the extent that the Contracting Attorney employs or associates with other <br /> counsel as described in paragraph 3, such counsel shall be subject to the “full <br /> time” case load limits set forth in paragraphs 10, 11, and 18. <br /> <br />20. Reporting. The Contracting Attorney and any associated or employed counsel shall <br />report the total number of public defense misdemeanor/gross misdemeanor and felony <br />cases handled by each attorney on a quarterly basis and report “hours billed for <br />nonpublic defense legal services…including number and types of private cases” on an <br />annual basis. (RCW 10.101.050) <br /> <br />21. Changes of Venue to the Upper Kittitas County District Court. The Contracting <br />Attorney remains responsible for representation of appointed clients when a case <br />originally filed in the Lower Kittitas County District Court is transferred to the Upper <br />Kittitas County District Court pursuant to RCW 3.20.100 or other applicable law. <br /> <br />22. Termination. <br /> <br /> (a) For Cause: Either party may terminate this Agreement immediately in <br />the event the other party fails to perform its obligations as described in this <br />Agreement and such failure has not been corrected to the reasonable <br />satisfaction of the injured party in a timely manner after notice of breach has <br />been provided to the other party. Compensation for cases assigned prior to <br />the effective day of termination shall be as provided under this Agreement. <br />
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