2018-02-06 10:00 AM - Commissioners' Agenda
4/10/2018 2:51:36 PM
4/10/2018 2:50:31 PM
205 West 5th Room 109 - Ellensburg
Meeting document type
Request to Approve an Agreement between Kittitas County Superior Court and Brumley and Hull, PLLC for Indigent Defense Services
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AGREEMENT FOR ""MAS COUNTY SUPERIOR. COURT INDIGENT <br />DEFENSE SERVICES (2018) <br />This agreement is entered into by and between the County of Kittitas (County) and the ,Superior <br />Court of Washington in and for Kittitas County and Brumley and Hull, PLLC (Contracting <br />Attorney), <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 dcfendai ils in cases filed in the Superior <br />Court (Court) as set forth in this agreement. The Contaacting Attorney or other assigned counsel <br />shall provide legal representation for each assigned defendant from the time of receiving notice <br />of appointment through every stage of the legal proceedings at the Superior court level including <br />sentencing and the processing of notices of appeal and motions for orders of indigence for direct <br />appeals. All cases assigned to the Contracting Attorney as of the date of termination of this <br />contract for which the next set hearing date is within 180 days after such date of termination will <br />be handled as set forth above; provided, that in any case where the client fails to appear for a trial <br />or hearing after termination of the contract, the Contracting Attorney may withdraw from <br />representation subject to order of the court and thereafter the Contracting Attorney shall have no <br />obligation herein to represent the client or accept reappointment thereafter. <br />2. Attorney as Independent Contractor. The parties recognize and att'= the understanding that <br />the Attorney is an independent contractor having no relationship to the County except to provide <br />professional legal defense services to the persons officially assigned to the Attorney pursuant to <br />this Contract. Neither the Attorney nor any employee of the Attorney is an employee of the <br />County. Neither the Attorney nor any employee of the Attorney is entitled to any benefits that <br />the County provides its employees, The Attorney will provide the Court Administrator with <br />proof of a valid Washington Uniform Business Identification number before commencement of <br />work. The Attorney is solely responsible for the timely payment of any taxes, assessments, <br />statutory workers compensation, or employer's liability insurance as required by Federal or. state <br />law for the Attorney and any employees of the Attorney, The Attorney guarantees such payment <br />and will indemnify the County in that regard. <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 <br />receive publicly provided representation. However, if counsel subsequently discovers that such <br />person may not be eligible to receive publicly -provided representation under applicable laws, <br />rules and standards, Counsel, if able to do so wxtbin the bounds of applicable ethical rales/ <br />professional standards, shall promptly notify the appointing court of such possibility. <br />Page 1 of 5 <br />
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