Indigent Defense Services
2018-02-06 10:00 AM - Commissioners' Agenda
Indigent Defense Services
6/13/2018 12:30:07 PM
6/13/2018 12:29:47 PM
205 West 5th Room 109 - Ellensburg
Meeting document type
Fully Executed Version
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 KlTIl'l'AS COUNTY SUPERIOR COURT INDIGENT <br />DEFENSE SERVICES (2018) <br />Thi s-agroomen t is entered i.q.to by and between the COWl Y of Kittita& (County) and th e S~p erior <br />Court of Washinbrton itl3.1\d.fut: Kitti tas COWlty and Bromley ah d Hl.lll PLLC (Contracting <br />Attorney). <br />1. Scope of Services. The Contract1ng Attorney agrees to provide, or arrange for the provision of, <br />public defender servioes for all eligible indigent criminal defendants in cases filed in the Superior <br />Court (Court) as set forth in this agreement. The Contracting Attorney or other assigned counsel <br />shall provide legal representation for each assigned defendant from the time of receiving notice <br />of appoinbnent 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 ofternllnation will <br />be handled as set forth above; provided, that in any case where the client f~Us to appear for a trial <br />or hearing after termination of tho 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 affinn the understanding that <br />the Attorney is an independent contractor having no relationship to the County except to provide <br />professionallegai 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 Attomey 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 rdentifi~tion 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 F~eral or. state <br />law for the Attorney and any employees of the Attorney. The Attorney guarantees such payment <br />and will indemni.fy 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 publiclyptovided representation. However, if counsel subsequently discovers that such <br />person may not be eligible to receive pUblioly-provided representation under applicable laws, <br />rules and standards, Counsel, if able to do so within the bounds of applicable ethical rules! <br />professional standards, shell promptly notify the appointing court of such possibility. <br />Page 1 of5
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