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Page 1 of 6 <br /> <br />AGREEMENT FOR KITTITAS COUNTY UPPER DISTRICT COURT <br />INDIGENT DEFENSE SERVICES 2023 <br /> <br />This agreement is entered into by and between the County of Kittitas (County) and Heritage Law <br />Office, Elizabeth Gagley, Contracting Attorney WSBA #54517 <br /> <br />1. Scope of Services. The Contracting Attorney agrees to provide, or arrange for the provision of, <br />public defender services for all eligible indigent criminal defendants in cases filed in the Upper <br />Kittitas County District Court as set forth in this agreement. The Contracting Attorney or other <br />assigned counsel shall provide legal representation for each assigned defendant from the time of <br />receiving notice of appointment through every stage of the legal proceedings at the district court <br />level including sentencing and the processing of notices of appeal and motions for orders of <br />indigence for direct appeals. The Contracting Attorney shall provide legal representation for <br />review hearings (e.g. probation review hearings) when appointed for that purpose. The <br />Contracting Attorney shall also provide legal representation for the arraignment calendars held <br />on Mondays at 9:00 am. All cases assigned to the Contracting Attorney as of the date of <br />termination of this contract for which the next set hearing date is within 45 days after such date <br />of termination will be handled as set forth above; provided, that in any case where the client fails <br />to appear for a trial or hearing after termination of the contract, the Contracting Attorney may <br />withdraw from representation subject to order of the court and thereafter the Contracting <br />Attorney shall have no obligation herein to represent the client or accept reappointment <br />thereafter. <br /> <br />2. Heritage Law as Independent Contractor. The parties recognize and affirm the understanding <br />that the Heritage Law Office is an independent contractor having no relationship to the County <br />except to provide professional legal defense services to the persons officially assigned to the <br />Attorney pursuant to this Contract. Neither the Attorney nor any employee of the Attorney is an <br />employee of the County. Neither the Attorney nor any employee of the Attorney is entitled to <br />any benefits that the County provides its employees. The Attorney will provide the Kittitas <br />County Department of Public Defense with proof of a valid Washington Uniform Business <br />Identification number before commencement of work. Heritage Law Office is solely responsible <br />for the timely payment of any taxes, assessments, statutory workers compensation, or employer’s <br />liability insurance as required by Federal or state law for the Attorney and any employees of the <br />Attorney. The Attorney guarantees such payment and will indemnify the County in that regard. <br /> <br />3. Applicant Screening. Determination of Indigence for purposes of eligibility for appointed <br />counsel under this contract shall be made by a screening process established by the Court. <br />Counsel is under no obligation to determine a person’s eligibility or continuing eligibility to