2021 Contract - Sparks and Powers signature

Home Browse Search

AGREEMENT FOR KITTITAS COUNTY SUPERIOR COURT INDIGENT DEFENSE SERVICES (2021) This agreement is entered into by and between the County of Kittitas (County)and the Superior Court of Washington in and for Kittitas County and Candy K.Powers (Contracting Attomey, WSBA #06705). 1.Scope of Services.The Contracting Attomey agrees to provide,or arrange for the provision of, public defender services for all eligible indigent criminal defendants in cases filed in the Superior Court (Court)as set forth in this agreement.The Contracting Attorney or other assigned counsel shall provide legal representation for each assigned defendant from the time of receiving notice of appointment through every stage of the legal proceedings at the Superior court level including sentencing and the processing of notices of appeal and motions for orders of indigence for direct appeals.All cases assigned to the Contracting Attomey as of the date of termination of this contract for which the next set hearing date is within 180 days after such date of termination will be handled as set forth above;provided,that in any case where the client fails to appear for a trial or hearing after termination of the contract,the Contracting Attomey may withdraw from representation subject to order of the court and thereafter the Contracting Attomey shall have no obligation herein to represent the client or accept reappointment thereafter. 2.Attorney as Independent Contractor.The parties recognize and affirm the understanding that the Attomey is an independent contractor having no relationship to the County except to provide professional legal defense services to the persons officially assigned to the Attomey pursuant to this Contract.Neither the Attorney nor any employee of the Attomey is an employee of the County.Neither the Attomey nor any employee of the Attomey is entitled to any benefits that the County provides its employees.The Attomey will provide the Court Administrator with proof of a valid Washington Uniform Business Identification number before commencement of work.The Attomey is solely responsible for the timely payment of any taxes,assessments, statutory workers compensation,or employer's liability insurance as required by Federal or statelawfortheAttomeyandanyemployeesoftheAttomey.The Attomey guarantees such payment and will indemnify the County in that regard. 3.Applicant Screening.Determination of Indigence for purposes of eligibility for appointed counsel under this contract shall be made by a screening process established by the Court. Counsel is under no obligation to determine a person's eligibility or continuing eligibility to receive publicly provided representation.However,if counsel subsequently discovers that such person may not be eligible to receive publicly-provided representation under applicable laws, rules and standards,Counsel,if able to do so within the bounds of applicable ethical rules/ professional standards,shall promptly notify the appointing court of such possibility. Page 1 of 6