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2021-12-07 10:00 AM - Commissioners' Agenda
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DS Agreement Superior Court
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Last modified
12/9/2021 2:55:14 PM
Creation date
12/9/2021 2:55:01 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
Fully Executed Version
Supplemental fields
Alpha Order
e
Item
Request to Approve Agreements for Kittitas County Superior Court Indigent Defense Services with Candy Powers, Paul McBride and Margie Alumbaugh
Order
5
Placement
Consent Agenda
Row ID
83921
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custody of the Department of Children, Youth and Families Juvenile Rehabilitation the case is <br />not 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 />CR11A, 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 Attomey or any employed or associated attomey 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 attomey <br />shall promptly notify the Court by notice of withdrawal and substitution of another attomey <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 Reasons Beyond 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 />c. Without Cause: 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 />contracting attomey shall be responsible for completion of cases assigned prior to the effective <br />date of termination. <br />Page 4 of 6
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