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HomeMy WebLinkAboutIndigent Defense ServicesAGREEMENT FOR KlTIl'l'AS COUNTY SUPERIOR COURT INDIGENT DEFENSE SERVICES (2018) Thi s-agroomen t is entered i.q.to by and between the COWl Y of Kittita& (County) and th e S~p erior Court of Washinbrton itl3.1\d.fut: Kitti tas COWlty and Bromley ah d Hl.lll PLLC (Contracting Attorney). 1. Scope of Services. The Contract1ng Attorney agrees to provide, or arrange for the provision of, public defender servioes 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 appoinbnent 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 Attorney as of the date of termination of this contract for which the next set hearing date is within 180 days after such date ofternllnation will be handled as set forth above; provided, that in any case where the client f~Us to appear for a trial or hearing after termination of tho contract, the Contracting Attorney may withdraw from representation subject to order of the court and thereafter the Contracting Attorney shall have no obligation herein to represent the client or accept reappointment thereafter. 2. Attorney as Independent Contractor. The parties recognize and affinn the understanding that the Attorney is an independent contractor having no relationship to the County except to provide professionallegai defense services to the persons officially assigned to the Attorney pursuant to this Contract. Neither the Attorney nor any employee of the Attorney is an employee of the County. Neither the Attomey nor any employee of the Attorney is entitled to any benefits that the County provides its employees. The Attorney will provide the Court Administrator with . proof of a valid Washington Uniform Business rdentifi~tion number before commencement of work. The Attorney is solely responsible for the timely payment of any taxes, assessments, statutory workers compensation, or employer's liability insurance as required. by F~eral or. state law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment and will indemni.fy 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 publiclyptovided representation. However, if counsel subsequently discovers that such person may not be eligible to receive pUblioly-provided representation under applicable laws, rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules! professional standards, shell promptly notify the appointing court of such possibility. Page 1 of5 4. Associated Counsel. Any counsel associated with or employed by the Contracting Attorney shall ha.ve the authority to perform the services called for herein, and the Contracting Attomey roay employ and/or associate counsel to assist himlher, The Contracting Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice of law in the State of Washington and be in good standing as such, shall comply with applicable provisions of CrR 3.1 Standards for Indigent Defense, and shall have a minimum of five years' experience in the criminal law legal field (defense attomey and/or prosecutor and/or judicial). The Contracting Attorney shall be responsible for performance of this Agreement notwithstanding that other counsel may be employed or associated by the Contracting Attorney to perform services herein, The Contracting Attorney shall notify the COM of any proposed association or employment of counsel for pUtposes of performing the services called berein, and shall include In such notification docwnentation regarding the background, education, training, experience and qualifications of such counsel, and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes ofperfonning the services called for herein, The Contracting Attomey's selection of any counsel associated with or omployed by the attorney to perform the services described in this contract shall be subject to the approval of the Court. 5. Training. Attorneys providing public defense services shall complete seven hours of continuing legal eduoation approved by the Washington State Office of Public Defense within each calendar year in courses relating to their public defense practice. (RCW 10.101.050; erR 3.1 Standat'ds) Attorneys providing public defense services shall comply with aU applicable standards, training and/or certification requirements as may be required by court rule or regulations and shall provide written proof of such compliance to the court. 6. Certification. Attorneys providing public defense services shall comply with the Standards for Indigent Defense adopted by the Supremo Court. Each attorney shall provide a Certification of Compliance with the applicable standards W3 required by CrR 3.1 which shall be filed with the Superior Court administrator on the last Monday of each January, April, July, and October by the Contracting Attorney and any associated or employed attorney providing legal defense in Superior Court under this agreement. The certification shall also include caseload reporting by the attorney consistent with the requirements imposed upon the County by RCW 10.101.050, 7. Liability of Contracting Parties, Attorney as Independent Contractor. Each party to this agreement shall be responsible for the negligent acts or omissions of its own employees, officers or agents in the performance of this agreement. Neither party shall be considered the agent of the other nor does neither party assume any responsibility to the other party for the consequences of any act or omission of any party, fum or corporation not a party to this agreement. 8. Proof of Professional Liability Insurance. The Contracting Attorney shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the Page 2 of 5 COUNTY should thero be any olaims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONIRACTOR or subcontractor or agents of either, while performing under the terms of this contract. During the term of this agreement or extensions thereof, any attorney providing services under this contract shall secure and maintain at her own expense a policy of comprehensive professional liability insurance with an i.nBurance company licensed to do business in the State ofWasbington. CONTRACTOR shall instruct the insurers to glve COUNTY 30-days advance notice of any insurance cancellation. Said poticy shall have limits of not less than $100,000 per occurrence and $500,000 annual, aggregate limit. 9. Indemnification. The Contracting Attorney shall indemnifY, defend and hold the County, its elected officials, officers and employees hannless from any and all claims whatsoever arising out ofperfonnance of the Attorney's obligations pursuant to the Agreement, including but not limited to claims arising out of errors or omissions of the contracting Attorney (or his employees ot associates) and/or by reason of accident, injury or deuth caused to persons or property of any kind occurring, except to the extent they are caused by the fault or neglect of the County or the Court. 10. Term. of Agreement. Provision of services pursuant to this Agreement shall commence January 1,2018 and tenninate on December 31, 2018, unless this Agreement is tenninated earlier pursuant to the provisions of Paragraph 18, and the Contracting Attorney shall provide service to all defendants refeITed herein in accordance with the tenns of this Agreement until representation of such defendant ill complete, as provided in Paragrapb 1 of this Agreement. This Agreement shall apply to all referrals made through December 31, 2018, unless the contract is tenninated earlier, in which case the contract shall apply to all referrals made until 5:00 p.m. on the date of termination of the contract. 11. Scope of Work. Over the course of any 365-day period the Contracting Attorney. (and any associated or employed oounsel) shall handle a caseload afup to, but no more than 133 felony cases, or an average number of 11.08 per monthj plus 27 juvenile offender cases In that period, an average of2.25 per month. 12, Compeusation. The Contracting Attorney shall be paid as follows: The sum cfOne Hundred Twenty Two Thousand and Six Hundred Dollars ($122,600) per year paid in equal monthly installments on the second Monday of the month. • Jury Trial; Shall be paid an additional $375 per diem for jury trial. 13. Policy as it refers to appointments: At the conclusion of the case the court will automatically withdraw the attorney from the case upon the filing of a notice of appeal or 30 days after the final (appealable) decision ofthe Court, as the case may be. Attorney does not need to sign a withdrawal. For the purposes of juvenile court proceedings not involving commitment to the Page 3 of5 custody of the Department of Social and Health Services Juvenile Rehabilitation the case is not completed until the conclusion of supervision. 14. Investigators. The Court will set aside sufficient funds out of its public defender budget to fund defense investigators. Public Defenders may file ex parte motions for such investigator funds. 15. Experts. The oourt will set aside sufficient funds for expert defense witnesses. Publio Defenders may file ex. parte motions for such expert witness funds. 16. Extraordinary cases. Jf a public defender is assigned a case which requires an extraordinary amOtlllt of time and preparation, Counsel may apply to the Court in writing and subject to CRI1A, for such additiona1 compensation as the Court detennines to be appropriate. 17. Conflict Counsel. The cost of conflict counsel shall be paid by the County and not by the contracting attorney. If the Contracting Attorney or any employed or assoCiated attorney is precluded from repre;.<;enting a. client because of a conflict which cannot be resolved by transfer of the case between the Contracting Attorney and employed or associated counsel, the attorney shall promptly notifY the Court by notice of withdrawal and substitution of another attorney qualified under the tenns of Paragraph 4. Conflict coUll8el shall be paid at the same per case compensation rate as the Contracting Attorney. For the purposes ofthiB provision, a Conflict of . Interest requiring any replacement of counsel shall be as defined in the applicable RPCs (Rules of Professional Conduct) promulgated by the Washington Supreme Courl 18. Termination. a. For Cause: El tber party may terminate this Agreement immediately in the event the other party fails to perfoIDl its obligations as described in this Agreement and such failure has not been corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Compensation for cases assigned prior to the effective day oftennination shall be as provided under this Agreement. h. E ar Reasons Beyo nd th e.Partles l Conttol : Either party may terminate this Agreement immediately without recourse by the other where perfonnance is rendered impossible or impracticable for reasons beyond such party's control! including but not limited to acts of nature, war, riot, personal disability or superior governmental regulation or control. c. Witho ut Cau se: Either party tnay tenninate this Agreement without cause upon 90 days written notice, which. date of termination shall correspond to the last day of a. calendar month. The contracting attorney shall be responsible for completion of cases assigned prior to the effective date of termination . 19. Amendments. No modification or amendment of the provisions ofthls Agreement shall be effective unless in writing and signed by the authorized representative of the parties hereto . Page 4 of5 . 20. Nondiscrimination. Contracting Attorney shall not discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status , sexual orientation, age, or the presence of any sensory, mental , orphysical disability in iP.e administr-cillon or delivery of public dOfcn.'l c s ervices. Counsel shalt comply wi th all fed ~, 8tat e ) and local non~discr.im ination requirements . 21. Physical Office/Communications and Support Staff. The Contracting Attorney "ill maintain a physical office or have access to an office that accommodates confidential. meeting witb clients; maintain a postal address and adequate telephone service to ensure prompt response to client contact, and will provide sufficient support staff to provide for effective assistance of counsel. 22. Entire Agreement This instrument contains the entire Agreement between the parties and may not be enlarged, modified, or altet:ed except in writings signed by the parties. IN WITNESS WHEREOF, the parties hAve executed this Agreement on the I q ~ day of JAil"'''' .,2018. Jo rumley, WSBA #49851 ~~-- ntraeting Attorney _ Kittitas County Superior Court ~~Ut4 Michelle HnD, WSBA #28409 Contracting Attorney 2 /u 1/8 BOCC Chairman 'Page 5 of S